IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6169 of 2010()
1. M.HASHIM, S/O. MUHAMMED,
... Petitioner
2. ABDUL MAJID, S/O. LATE KUNHAMBU,
Vs
1. STATE - REPRESENTED BY THE
... Respondent
2. EXCISE INSPECTOR,
For Petitioner :SRI.M.SASINDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/10/2010
O R D E R
V. RAMKUMAR, J.
-------------------------------
Bail Application No. 6169 of 2010
-------------------------------
DATED: 7th October, 2010
O R D E R
Petitioners who are accused Nos. 1 and 2 in Crime No. 41
of 2010 of Excise Range, Kasaragod, for offences punishable
under Sections 55 (a), 58 and 64 A of Abkari Act, for having
been found in possession of 330.3 litres of foreign liquor
intended for sale in the State of Goa, 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 Rs. 25,000/-
(Rupees twenty five thousand only) with two solvent sureties
each for the like amount to the satisfaction of the J.F.C.M. I,
Kasaragod and subject to the following conditions:-
Bail Application No. 6169 of 2010 -:2:-
1. Petitioners shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all Wednesdays.
2. Petitioners shall not influence or intimidate the
prosecution witnesses nor 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. 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.
Dated this the 7th day of October, 2010.
Sd/-V.RAMKUMAR, JUDGE
ani. /true copy/
P.S. to Judge
Bail Application No. 6169 of 2010 -:3:-