High Court Kerala High Court

Thankappan vs State Of Kerala on 30 November, 2010

Kerala High Court
Thankappan vs State Of Kerala on 30 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7166 of 2010()


1. THANKAPPAN, S/O.KUTTAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :30/11/2010

 O R D E R
                          V. RAMKUMAR, J.
                    -------------------------------
                 Bail Application No.7166 of 2010
                ----------------------------------------
            Dated this the 30th day of November, 2010.

                              O R D E R

Petitioner, who is the sole accused in C.R.No.5/2009 of

Excise Range, Udumbanchola for an offence punishable under

Section 8(1) & (2) of the Abkari Act, 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 Magistrate concerned and subject to the

following conditions:-

1. Petitioner shall report before the Investigating

Officer between 9 a.m. and 11 a.m. on all

Wednesdays.

B.A.No.7166/2010 2

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.

V.RAMKUMAR, JUDGE

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