IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Bail Appl..No. 7433 of 2006() ----------------------------- CRMP.4915/2006 of J.M.F.C., SASTHAMCOTTA CRIME NO.68/06 OF SASTHAMCOTTA EXCISE RANGE. .................... : PETITIONER/ACCUSED ----------------------------------- SHRI SUJITH, S/O.SURENDRAN, SUJITH BHAVANAM, NADUVILEMURI, IVERKALA, KUNNATHOOR. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE. BY PUBLIC PROSECUTOR SHRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO.7433 OF 2006 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 26TH DAY OF DECEMBER, 2006 O R D E R Petitioner who is the accused in Crime No.68/06 of Sasthamcotta Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 5 liters of arrack and 140 liters of wash on 27.10.2006 and who was arrested on the same day, seeks his enlargement on bail. 2. Learned Public Prosecutor on instructions admitted that no final report has been filed even after 60 days of detention of the petitioner in judicial custody. If so, by virtue of the proviso to section 167(2) Cr.P.C., the petitioner is entitled to bail as of right. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.,Sasthamcotta and subject to the following conditions: 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the Police, till the filing of the final report. B.A.NO.7433/06 Page numbers 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dsn