IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Bail Appl..No. 1612 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1017/2009 .................... CRIME NO.10/2009 OFCHENGANNOR POLICE STATION PETITIONER/ACCUSED -------------------------------------- KESAVAN,AGED 50 YEARS, S/O.THEVAN,MEENTHEPURAYIL VEEDU, VENMONI PADINJATTUMURI,VENMONY VILLAGE, CHENGANNOOR TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): ----------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. EXCISE INSPECTOR, CHENGANNOOR EXCISE RANGE, CHENGANNOOR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.1612 of 2009 ------------------------------- DATED: 01.04.2009 O R D E R Petitioner, who is the sole accused in Crime No.10 of 2009 of Chengannoor Excise Range for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found in possession of 5 litres of arrack on 1.02.09 and who was also arrested on 1.2.09, 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 J.F.C.M, Chengannoor and subject to the following conditions:- Bail A.No. 1612/2009 -: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. The 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 sj