IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Bail Appl..No. 3238 of 2011() ---------------------------------------- CRIME NO.19/2010 OF KATTAKKADA EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT C.P.NO.27/2011 OF JUDICIAL FIRST CLASS MAGISTRATE, KATTAKKADA --------------------------------- PETITIONER/ ACCUSED ------------------------------------- SUDARSANA PRASAD @ UMBIDI, S/O. KRISHNA PANICKER, KADAYARA PUTHEN VEEDU, KAVINPURAM, THURUTHUMOOLA DESOM, VILAPPIL VILLAGE, NEYYATINKARA, THIRUVANANTHAPURAM DISTRICT. 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.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------- Bail Application No.3238 of 2011 ------------------------------- DATED: 03.05.2011 O R D E R Petitioner, who is the accused in Crime No.19/2010 of Kattakkada Excise Range, for offences punishable under Sections 8(1) and (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 `2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- Bail A.No. 3238 of 2011 -: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 3rd day of May , 2011. V.RAMKUMAR, JUDGE sj