IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 Bail Appl..No. 6844 of 2010() ----------------------------- (CRIME NO.26/2008 OF PALAKKAD EXCISE RANGE) CRL.MP.4876/2010 of J.M.F.C.-I,PALAKKAD .................... PETITIONER/3RD ACCUSED: ------------------------------------------ SOORAJ, S/O.SUNDARAN, AGED 35 YEARS, KOTTEKATTUPARAMBIL HOUSE, OLUKKARA, THRISSUR. BY ADV. SRI.C.A.CHACKO SRI.N.A.SHAFEEK RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTING EXCISE INSPECTOR, PALAKKAD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6844 of 2010 ------------------------------------------------ Dated this the 8th day of November, 2010 ORDER The petitioner, who is accused No.3 in CR.No.26 of 2008 of Palakkad Excise Range, for an offence punishable under Section 55(a) of the Kerala Abkari Act, seeks his 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 his executing a bond for `5,00,000/- (Rupees Five Lakhs only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. Bail Appln.No.6844/2010 : 2 : 2. The 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. 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 skj