IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Bail Appl..No. 1096 of 2009() ----------------------------- CMP.933/2009 of J.M.F.C., CHENGANNUR CR. NO. 11/2009 of CHENGANNUR EXCISE RANGE .................... PETITIONER/ACCUSED:- ----------------------------- SAJAN @ SABU, AGED 26 YEARS, S/O.SAMUEL, EDATHAYIL VEEDU, VISAVARSEERIKKARA MURI, MANNAR VILLAGE, CHENGANNUR. BY ADV. MS. A.SALINI LAL RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. EXCISE INSPECTOR, CHENGANNUR EXCISE RANGE. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== Bail Application No. 1096 of 2009 ======================= Dated this the 8th day of April, 2009. O R D E R Petitioner who is the sole accused in C.R. No. 11 of 2009 of Chengannur Excise Range for an offence punishable under Section 55(g) of the Abkari Act for allegedly having been found in possession of 70 litres of wash on 03.02.2009 and who was also arrested on the same day, 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. 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Chengannur and subject to the following conditions:- B. A. No.1096/2009 -: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. Dated this the 8th day of April, 2009. V.RAMKUMAR, JUDGE rv B. A. No.1096/2009 -:3:-