IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Bail Appl..No. 6014 of 2010() ----------------------- CRIME NO. 61 OF 2010 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT .................... PETITIONER/IST ACCUSED --------------------- CHANDRAN, S/O.YESAYA, ROADARIKATHU PUTHEN VEEDU, PAREDATHU THALAKKAL THUMBOTTUKONAM, ARUVIKKARA, MARANALLOOR DESOM, OOROOTTAMABALAM VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 6014 of 2010 - - - - - - - - - - - - - - - - DATED: 4th October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the first accused in Crime No. 61 of 2010 of Aryanand Excise Range, Thiruvananthapuram District for an offence punishable under Sec. 8(1) and (2) of the Abkari Act for having been found in possession of 150 liters of spirit, seeks his enlargement on bail. Petitioner was arrested on 5-8-2010. 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. 2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M. Kattakkada, 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. Bail Application NO. 6014 of 2010 -:2:- 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The 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. Dated this the 4th day of October, 2010. V.RAMKUMAR, JUDGE. ani. Bail Application NO. 6014 of 2010 -:3:-