IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 21 of 2007(C)
1. CHANDRA BABU, AGED 35,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.H.HARIKUMAR (KOLLAM)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/01/2007
O R D E R
V.Ramkumar, J.
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B.A.No. 21 of 2007
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Dated this the 8th day of January, 2007.
ORDER
Petitioner, who is the accused in C.R.No.212 of 2006 of
Karunagappally Excise Range for offences punishable under Section 8
(1) and (2) of Abkari Act for allegedly having been found in possession
of 30 litres of arrack on 6.11.2006 and who was arrested on the same
day, seeks his enlargement on bail.
2. Even though the learned Public Prosecutor opposed the
application, it is seen that no final report has been filed even after 60
days of judicial custody of the petitioner. If so, the petitioner is
entitled to bail as of right by virtue of the proviso to Section 167(2)
Cr.P.C.
3. Accordingly, the petitioner is directed to be released on bail
on his 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., Karunagappally and subject to the
following conditions:
1. Petitioner shall report before the Investigating
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Officer between 9 a.m. and 11 a.m. on all
Wednesdays.
2. Petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to
tamper with the evidence for the prosecution.
3. Petitioner shall make himself available for
interrogation as and when required by the
Investigating Officer.
3. 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.
ess 8/1
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