IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Bail Appl..No. 6458 of 2010() ----------------------------- CMP.8829/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KATTAKADA .................... (CRIME NO.61/2010 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT) ........ PETITIONER/3RD ACCUSED: ------------------------------------------ BINOJ, S/O.MOHANAN, THADATHARIKATHU VEEDU, PARAYARUKONAM, KOKKOTTELA, KOTTAKKAKOM MURI, ARYANADU VILLAGE. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.SATHEESH KUMAR, SRI.K.S.PRAVEEN. RESPONDENT(S): COMPLAINANT: ------------------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. -------------------------- Bail Application No. 6458 of 2010 ---------------------------------------- DATED: 1st day of November, 2010 O R D E R Petitioner, who is the 3rd accused in Crime No.61/2010 of Aryanad Excise Range, for offences punishable under Secs.8(1) and 8(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 Rs.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:- Bail Application No. 6458 of 2010 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. 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 dmb