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.
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Bail Application No.455 of 2011
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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