IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7190 of 2006()
1. MOHANAKURUP, AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.GOPAKUMARAN NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/12/2006
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 7190 OF 2006
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DATED THIS THE 8TH DAY OF DECEMBER, 2006
O R D E R
Petitioner who is the second accused in Cr.No.25/06 of
Mallappally Excise Range for offences punishable under sections 8(1)
and 8(2) of the Abkari Act for allegedly having been found in
possession of 8 liters of arrack on 16.9.2006 and who was arrested on
8.10.2006, seeks bail.
2. Learned Public Prosecutor admitted that no charge sheet
has been filed even after 60 days of detention of the petitioner in
judicial custody. If so, by virtue of the proviso to section 167(1)
Cr.P.C., the petitioner is entitled to bail as of right. 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.-I, Thiruvalla
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.
2. The petitioner shall not influence or intimidate
the prosecution witnesses nor shall he attempt to
tamper with the evidence for the prosecution.
B.A.NO.7190/06 Page numbers
3. 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.
dsn