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Johny Mathew vs State Of Kerala on 28 January, 2011

Kerala High Court
Johny Mathew vs State Of Kerala on 28 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 455 of 2011()


1. JOHNY MATHEW, AGED 48, S/O.MATHEW,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.C.P.UDAYABHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :28/01/2011

 O R D E R
                         V. RAMKUMAR, J.
             -------------------------------------------------
               Bail Application No.455 of 2011
            --------------------------------------------------
           Dated this the 28th day of January, 2011

                                ORDER

The petitioner, who is accused No.12 in Crime No.401 of

2009 of Anchal Police Station, for an offence punishable under

Section 55(a) of Kerala 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 `3,00,000/- (Rupees three

lakhs only) with two solvent sureties each for the like amount to

the satisfaction of the Magistrate concerned and subject to the

following conditions:-

1. The petitioner shall report before the

Investigating Officer between 9 a.m. and

11 a.m. on all Wednesdays.

Bail Appln.No.455 of 2011
-:2:-

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 make himself available for

interrogation as and when required by the

investigating officer.

4. 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

skj

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