IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Bail Appl..No. 1223 of 2009() ----------------------------- CR. NO. 4 OF 2009 OF NEYYATTINKARA EXCISE RANGE .................... PETITIONER/IST ACCUSED -------------------- VIPIN KUMAR, S/O.NAGAPPAN, KULAVARAMBU VEEDU, PULLEKONAM, VENPAKAL DESOM ATHIYANNOOR VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1223 OF 2009 ------------------------------- DATED: 25-03-2009 O R D E R Petitioner who is accused No. 1 in C.R. No. 4 of 2009 of Neyyattinkara Excise Range for offences punishable under Secs. 55 (a), 58 and 67 (b) of the Abkari Act for allegedly having been found in transporting 320 litres of spirit in an autorickshaw on 24-1- 2009 and who was arrested on the same day, 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 Rs. 1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-I, Neyyattinkara and subject to the following conditions:- Bail A.No. 1223 of 2009 -: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 25th day of March 2009. V.RAMKUMAR, JUDGE ani. Bail A.No. 1223 of 2009 -:3:-