IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Bail Appl..No. 7992 of 2010() ---------------------------------------- ( CMP.8270/2010 of J.M.F.C.-II,NEYYATTINKARA, CRIME NO.4/2010 OF AMARAVILA EXCISE RANGE, TRIVANDRUM DISTRICT.) .................... PETITIONER/2ND ACCUSED ------------------------------------------ ANEESH SEBASTIAN,S/O.JOSE, MATHALIKUNNEL HOUSE, KANIYAMPATTA MURI, VYTHIRI TALUK,WYNAD DISTRICT. BY ADVS. SRI.T.G.RAJENDRAN SRI.T.R.TARIN RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------ 1. THE EXCISE INSPECTOR, AMARAVILA EXCISE RANGE. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ---------------------------------------------- Bail Application No.7992 of 2010 ---------------------------------------------- Dated this the 03rd day of December, 2010 ORDER The petitioner, who is the accused in CR.No.4 of 2010 of Amaravila Excise Range, for offences punishable under Sections 55(a), 58 & 67-B of 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 `10,00,000/- (Rupees Ten 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. 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt Bail Appln.No.7992 of 2010 -:2:- 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