IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 6169 of 2010() ------------------------ CRIME NO. 41 OF 2010 OF EXCISE RANGE, KASARAGOD .................... PETITIONERS/ACCUSED ------------------- 1. M.HASHIM, S/O. MUHAMMED, MUNDANGAL HOUSE, BEVINJA, THEKKIL VILLAGE, KASARAGOD. 2. ABDUL MAJID, S/O. LATE KUNHAMBU, DESIYATH VEEDU, BERKKA, CHENGAL VILLAGE. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KASARAGOD EXCISE RANGE, (CRIME NO.41 OF 2010), KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 6169 of 2010 ------------------------------- DATED: 7th October, 2010 O R D E R Petitioners who are accused Nos. 1 and 2 in Crime No. 41 of 2010 of Excise Range, Kasaragod, for offences punishable under Sections 55 (a), 58 and 64 A of Abkari Act, for having been found in possession of 330.3 litres of foreign liquor intended for sale in the State of Goa, seek their 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 petitioners. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioners are entitled to be released on bail as of right. 3. Accordingly, the petitioners are directed to be released on bail on each of them 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. I, Kasaragod and subject to the following conditions:- Bail Application No. 6169 of 2010 -:2:- 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3. The petitioners shall make themselves available for interrogation as and when required by the investigating officer. 4. Petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 7th day of October, 2010. Sd/-V.RAMKUMAR, JUDGE ani. /true copy/ P.S. to Judge Bail Application No. 6169 of 2010 -:3:-