IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1223 of 2009()
1. VIPIN KUMAR, S/O.NAGAPPAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :25/03/2009
O R D E R
V. RAMKUMAR, J.
-------------------------------
Bail Application No. 1223 OF 2009
-------------------------------
DATED: 25-03-2009
O R D E R
Petitioner who is accused No. 1 in C.R. No. 4 of 2009 of
Neyyattinkara Excise Range for offences punishable under Secs. 55
(a), 58 and 67 (b) of the Abkari Act for allegedly having been found
in transporting 320 litres of spirit in an autorickshaw on 24-1-
2009 and who was 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. 1,00,000/- (Rupees one lakh only)
with two solvent sureties each for the like amount to the satisfaction
of the J.F.C.M.-I, Neyyattinkara and subject to the following
conditions:-
Bail A.No. 1223 of 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 25th day of March 2009.
V.RAMKUMAR, JUDGE
ani.
Bail A.No. 1223 of 2009 -:3:-