IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Bail Appl..No. 1857 of 2009() ----------------------------- CMP.1245/2009 of J.M.F.C.-III,NEYYATTINKARA CRIME NO. 4/2009 OF THIRUPURAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- RAVEENDRAN @ CHIYAN RAVI, S/O.THANKAPPAN,AGED 59, PUTHUVAL PUTHENVEEDU,KALLUVILA, KAZHIVOOR P.O.,DESOM,KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A.No. 1857 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of April, 2009 O R D E R Petitioner who is the sole accused in Crime No. 4/2009 of Thirupuram Excise Range for an offence punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of two litres of arrack on 4-2-2009 and who was also arrested on 4-2-2009, 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. 35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate 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. BA 1857/09 -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. mn.