IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Bail Appl..No. 6224 of 2010(E) ------------------------------------------ (CR. NO.41/10 OF EZHUKONE EXCISE RANGE) ................ PETITIONER/ACCUSED: ---------------------------------- SURESH, S/O.KUNJUKUNJ, CHARUVILA VEEDU, OTHIRAMUKAL MURI, PAVITHRESWARAM VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE. RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EZHUKONE EXCISE RANGE, KOTTARAKARA. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6224 of 2010 ------------------------------------------------ Dated this the 6th day of October, 2010 ORDER The petitioner, who is the sole accused in Crime No.41 of 2010 of Ezhukone Excise Range, for an offence punishable under Section 8(1) & (2) of the 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 Section 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.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakkara 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.6224/2010 : 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