IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH DECEMBER 2010 / 7TH POUSHA 1932 Bail Appl..No. 8331 of 2010() ----------------------------- CRIME NO.58/2010 OF KAZHAKKUTTOM POLICE STATION CMP.6864/2010 of J.M.F.C.-I,TRIVANDRUM .................... PETITIONERS/ACCUSED 1 & 3 --------------------------------------------- 1. SANTHOSHKUMAR,S/O.THANKAPPAN PILLAI, THIRUVONAM VEEDU, MANVILA CRP NAGAR, PANGAPPARA VILLAGE, THIRUVANANTHAPURAM. 2. SHIBU,S/O.THANKAPPAN, PARAVILA VEEDU, NEDUMAM DESOM, THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,REP. EXCISE INSPECTOR, EXCISE RANGE OFFICE,KAZHAKKUTTOM PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8331 of 2010 ----------------------------------------------------- Dated this the 28th day of December, 2010 ORDER The petitioners, who are accused Nos.1 & 3 in Crime No.58 of 2010 of Kazhakkuttom Excise Range, for offences punishable under Sections 55(a), 58 & 12(1) of Abkari Act, seek their 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 petitioners. If so, by virtue of the proviso to Sec.167(2) Cr.P.C. the petitioners are entitled to be released on bail as of right. 3. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for `1,00,000/- (Rupees One lakh 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 petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall not influence or intimidate the prosecution witnesses nor Bail Appln.No.8331/2010 : 2 : shall they attempt to tamper with the evidence for the prosecution. 3. The petitioners shall make themselves available for interrogation as and when required by the investigating officer. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj