IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Bail Appl..No. 1543 of 2011(E) ------------------------------------------ [CRIME NO.83/2010 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT] ............ PETITIONER/ACCUSED: ---------------------------------- SAIMAN, S/O.APPAV NADAR, MEKKUMKARA PUTHEN VEEDU, KADUVAKUZHI, PARAMUKKU, MEENANKAL, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/03/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ==================== B.A. No. 1543 of 2011 ===================== Dated this the 8th day of March, 2011. O R D E R Petitioner who is the first accused in Crime No.83 of 2010 of Aryanad Excise Range, for offences punishable under Sections 8(1) and (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 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 ` 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:- 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. B. A.No.1543/2011 -:2:- 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. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge. B. A.No.1543/2011 -:3:-