IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Bail Appl..No. 6651 of 2010() ----------------------------- Crime No. 42 of 2010 of Kazhakuttam Excise Range .................... PETITIONER/ACCUSED: ------------------------------- SARASAN, S/O.SATHEESAN, KOLLAMPOTTA VEEDU, ARUMANOOR, POOVAR, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 6651 of 2010 ------------------------------- DATED: 18-10-2010 O R D E R Petitioner who is the 6th accused in Crime No. 42 of 2010 of Kazhakuttam Excise Range, Thiruvananthapuram for offences punishable under Sections 55 (i), 58 (2 (1) and 12 (c ) of the Abkari Act for having been found in possession of 1721 litres of spirit, seeks his enlargement on bail. Petitioner was arrested on 16-08- 2010. 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 his executing a bond for Rs. 2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M. II, Attingal, and subject to the following conditions:- Bail A.No. 6651 of 2010 -:2:- 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 4. 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. Dated this the 18th day of October, 2010. V.RAMKUMAR, JUDGE ani. Bail A.No. 6651 of 2010 -:3:-