High Court Kerala High Court

M.Hashim vs State – Represented By The on 7 October, 2010

Kerala High Court
M.Hashim vs State – Represented By The on 7 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6169 of 2010()


1. M.HASHIM, S/O. MUHAMMED,
                      ...  Petitioner
2. ABDUL MAJID, S/O. LATE KUNHAMBU,

                        Vs



1. STATE - REPRESENTED BY THE
                       ...       Respondent

2. EXCISE INSPECTOR,

                For Petitioner  :SRI.M.SASINDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :07/10/2010

 O R D E R
                         V. RAMKUMAR, J.
               -------------------------------
                Bail Application No. 6169 of 2010
               -------------------------------
                   DATED: 7th October, 2010

                             O R D E R

Petitioners who are accused Nos. 1 and 2 in Crime No. 41

of 2010 of Excise Range, Kasaragod, for offences punishable

under Sections 55 (a), 58 and 64 A of Abkari Act, for having

been found in possession of 330.3 litres of foreign liquor

intended for sale in the State of Goa, seek their 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 petitioners. If so, by virtue of the

proviso to sec.167(2) Cr.P.C. the petitioners are entitled to be

released on bail as of right.

3. Accordingly, the petitioners are directed to be released

on bail on each of them executing a bond for Rs. 25,000/-

(Rupees twenty five thousand only) with two solvent sureties

each for the like amount to the satisfaction of the J.F.C.M. I,

Kasaragod and subject to the following conditions:-

Bail Application No. 6169 of 2010 -:2:-

1. Petitioners shall report before the Investigating

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

2. Petitioners shall not influence or intimidate the

prosecution witnesses nor shall they attempt to tamper

with the evidence for the prosecution.

3. The petitioners shall make themselves available for

interrogation as and when required by the investigating

officer.

4. 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.

Dated this the 7th day of October, 2010.




                                          Sd/-V.RAMKUMAR, JUDGE


ani.                                /true copy/
                                          P.S. to Judge

Bail Application No. 6169 of 2010    -:3:-