IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7619 of 2006()
1. ANILKUMAR @ KANNAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.K.REJITH KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/01/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 7619 OF 2006
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DATED THIS THE 2ND DAY OF JANUARY, 2007
O R D E R
Petitioner who is the second accused in Crime No.272/06 of
Chadayamangalam Police Station for offences punishable under
sectioins 55(a) and 55(i) of the Abkari Act for allegedly having been
found in joint possession of 3325 litres of spirit on 15.8.2006 and who
was arrested on 26.10.2006 in connection with another and whose
arrest in this case was formally recorded on 3.11.2006, seeks his
enlargement on bail.
2. Even though the learned Public Prosecutor opposed the
application submitting, inter alia, that the petitioner is an accused in
another case, he fairly conceded that no final report has been filed in
this case in spite of 60 days of judicial custody of the petitioner. If so,
by virtue of the proviso to section 167(2) Cr.P.C., the petitioner is
entitled to 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.-II, Kottarakkara and subject to the following conditions:
B.A.NO.7619/06 Page numbers
1. Petitioner shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all
Wednesdays.
2. The 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 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.
dsn