IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Bail Appl..No. 5673 of 2010 () ----------------------------- (CRIME NO.42/2010 OF KAZHAKUTTOM EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT ) PETITIONER/AI: ------------------------ SHIBU @ UNNI, S/O.SOMAN, MANACAUTTUVILAKOM VEEDU, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE ASSISTANT ESXCISE COMMISSIONER, KAZHAKUTTOM EXCISE RANGE, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29//09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5673 of 2010 ------------------------------------------------ Dated this the 29th day of September, 2010 ORDER The petitioner, who is accused No.1 in Crime No.42 of 2010 of Kazhakuttom Excise Range, Thiruvananthapuram for offences punishable under Sections 55(i), 58, 12(1) & 12(c) of 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 Section 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 Judicial Magistrate of the First Class-II, Attingal and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall not influence or Bail Appln.No.5673/2010 : 2 : 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. 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. V.RAMKUMAR, JUDGE skj