IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1047 of 2009() ----------------------------- CRIME NO.40/2009 OF KOLLAM WEST POLICE STATION CMP.736/2009 of J.M.F.C.-II, KOLLAM .................... PETITIONER ------------------------------ RENJU, S/O.BHASKARAN, VILAYIL VEEDU HOUSE NO.257, NEAR KOCHU DECENT MUKKU PUNTHALATHAZHUCHERI, VADAKKEVILA VILLAGE BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE KOLLAM WEST POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.1047 of 2009 ------------------------------- DATED:23.03.2009 O R D E R Petitioner, who is the sole accused in Crime No.40 of 2009 of Kollam West Police Station for an offence punishable under Section 55(a) and (i) of the Abkari Act for allegedly having been found in possession of 66 litres of spirit on 17.01.2009 and who was arrested on 20.1.2009, 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. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-II, Kollam and subject to the following conditions:- Bail A.No.1047/2009 -: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