IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 48 of 2007()
1. VIJAYAKUMAR, S/O. JOHN WILLIAM,
... Petitioner
2. SUBBAYA, S/O. PONNANDI,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.A.DINESH RAO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/01/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO.48 OF 2007
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DATED THIS THE 23rd DAY OF JANUARY, 2007
O R D E R
Petitioners who are accused 1 and 2 in Crime No.108/06 of
Pathanapuram Excise Range for an offence punishable under section
55(a) of the Abkari Act for allegedly transporting 5445 litres of spirit
on 22.11.2006 and who were arrested on the same day, seek their
enlargement on bail.
2. Even though the learned Public Prosecutor opposed the
application, he fairly conceded 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 section 167(2) Cr.P.C., the petitioners are entitled to
bail as of right. Accordingly, the petitioners are directed to be
released on bail on each of them executing a bond for Rs.20,000/-
(Rupees twenty thousand only) with two solvent sureties each for the
like amount to the satisfaction of the J.F.C.M.-III, Punalur and subject
to the following conditions:
1. 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 shall they attempt to tamper
with the evidence for the prosecution.
B.A.NO.48/07 Page numbers
3. 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.
dsn