IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 Bail Appl..No. 1029 of 2011() ----------------------------- CRIME NO 62/2010 OF EXCISE RANGE, CHENGANNUR ......................... PETITIONER / ACCUSED (IN CUSTODY) : ---------------------------------------------------------- PRABHAKARAN, AGED 63 YEARS, S/O.NARAYANAN, THADIYASSERI VEEDU, KOLADATHUSSERY MURY, THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.V.MANOJ KUMAR RESPONDENT / COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE, CHENGANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ------------------------------- B.A. No. 1029 of 2011 ------------------------------- Dated this the 14th day of February, 2011. O R D E R Petitioner who is the sole accused in Crime No.62 of 2010 of Excise Range, Chengannur for an offence punishable under Section 55(i) 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 ` 50,000/- (Rupees fifty 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. B.A. No. 1029/2011 : 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. V.RAMKUMAR, JUDGE. rv