IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8331 of 2010()
1. SANTHOSHKUMAR,S/O.THANKAPPAN PILLAI,
... Petitioner
2. SHIBU,S/O.THANKAPPAN,
Vs
1. STATE OF KERALA, REP.BY PUBLIC
... Respondent
For Petitioner :SRI.BLAZE K.JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :28/12/2010
O R D E R
V.RAMKUMAR, J.
---------------------------------------------------
Bail Application No.8331 of 2010
-----------------------------------------------------
Dated this the 28th day of December, 2010
ORDER
The petitioners, who are accused Nos.1 & 3 in Crime
No.58 of 2010 of Kazhakkuttom Excise Range, for offences
punishable under Sections 55(a), 58 & 12(1) of Abkari Act,
seek their 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 petitioners. If so, by virtue of
the proviso to Sec.167(2) Cr.P.C. the petitioners are entitled to
be released on bail as of right.
3. Accordingly, the petitioners are directed to be
released on bail on each of them executing a bond for
`1,00,000/- (Rupees One lakh only) with two solvent sureties
each for the like amount to the satisfaction of the Magistrate
concerned and subject to the following conditions:-
1. The petitioners shall report before the
Investigating Officer between 9 a.m. and
11 a.m. on all Wednesdays.
2. The petitioners shall not influence or
intimidate the prosecution witnesses nor
Bail Appln.No.8331/2010
: 2 :
shall they attempt to tamper with the
evidence for the prosecution.
3. The petitioners shall make themselves
available for interrogation as and when
required by the investigating officer.
4. The petitioners shall not commit any offence
while on bail.
If the petitioners commit breach of any of the above
conditions, the bail granted to them shall be liable to be
cancelled. This application is allowed as above.
V.RAMKUMAR, JUDGE
skj