IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Bail Appl..No. 3223 of 2008() ----------------------------- CMP.2142/2008 of J.M.F.C.-I, MAVELIKKARA CRIME NO. 253/2006 of MAVELIKKARA EXCISE RANGE .................... PETITIONER: ACCUSED ------------------------ OMANAKUTTAN @ KUTTAPPAN, KARUVELIL KIZHAKKATHIL, ARUNOOTTIMANGALAM MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE INSPECTOR, MAVELIKARA EXCISE RANGE. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Bail Application No. 3223 of 2008 =================== Dated this the 23rd day of May, 2008. O R D E R Petitioner who is the accused in Crime No. 253 of 2006 of Mavelikkara Excise Range for an offence punishable under Sections 8(1), (2) and 55(a) of the Abkari Act for allegedly having been found in possession of 15 litres of spirit on 06.12.2006 and who was also arrested on 24.03.2008 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. 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-I, Mavelikkara and subject to the following conditions:- B. A.No.3223/2008 -:2:- 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 to tamper with the evidence for the prosecution. 3. The petitioner shall make himself available for interrogation, including custodial 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. rv