IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Bail Appl..No. 7111 of 2010(D) ----------------------------------- (CRIME NO. 72/2010 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT) ........ PETITIONER/ACCUSED ---------------------------- PRABHAKARAN, S/O.KOCHUKUTTY, AGED 53 YEARS, PERUMBANANIKKAL VEEDU, KYLASAM KARA, UDUMBANCHOLA VILLAGE, UDUMBANCHOLA TALUK - 685 554. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (C.R.72/2010 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT)-682 031. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. -------------------------- Bail Application No. 7111 of 2010 ---------------------------------------- DATED: 9th day of November, 2010 O R D E R Petitioner, who is the sole accused in Crime No.72/2010 of Udumbanchola Excise Range, for offences punishable under Secs. 8(1) and (2) and 55(g) 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 Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- Bail Application No. 7111 of 2010 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. 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. V.RAMKUMAR, JUDGE dmb