IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Bail Appl..No. 1652 of 2009() -------------------------------- CRIME NO. 43/2008 of CHIRAYINKEEZHU POLICE STATION PETITIONER/ACCUSED:- ---------------------------- MANOHARI, D/O.JANAKI, GIRIJA BHAVAN, PARUTHINAMPOIKA, PARAYADI DESOM, MUDAKKAL VILLAGE. BY ADV. MR. M.DINESH RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== Bail Application No. 1652 of 2009 ======================= Dated this the 3rd day of April, 2009. O R D E R Petitioner who is the sole accused in Crime No. 43 of 2008 of Chirayinkeezhu Police Station for offences punishable under Secs. 55(a) and 55(i) of the Abkari Act for allegedly having been found in possession of 5.250 litres of Indian made foreign liquor on 11.08.2008 and who was also arrested on 02.02.2009, seeks her enlargement on bail. 2. The learned Public Prosecutor on instructions submitted that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right. 3. Accordingly, the petitioner is directed to be released on bail on her executing a bond for Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate court concerned and subject to the following conditions:- B. A. No.1652/2009 -:2:- 1. Petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 2. The petitioner shall make herself available for interrogation as and when required by the investigating officer. 3. Petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This application is allowed as above. Dated this the 3rd day of April, 2009. V.RAMKUMAR, JUDGE rv