Pankajakshan vs State Of Kerala on 31 January, 2007

Kerala High Court

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 582 of 2007()


1. PANKAJAKSHAN, S/O.PADMANABHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, RERPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.RASHEED C.NOORANAD

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :31/01/2007

 O R D E R
                                    V. RAMKUMAR, J.

                              -------------------------------

                           Bail Application No. 582 of 2007

                              -------------------------------

                             DATED: 31st January,   2007


                                        O R D E R

Petitioner who is the accused in Crime No. 248 of 2006 of

Mavelikkara Excise Range for offences punishable under Sections 8

(1) and 8(2) of the Abkari Act for having been found in possession of

1.5 litres of arrack on 27-11-2006 and who was also arrested on the

same day, seeks his enlargement on bail.

2. Eventhough the learned Public Prosecutor opposed the

application submitting inter alia that the petitioner is an accused in

other crimes involving similar abkari offences, he fairly conceded 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 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., Kayamkulam, 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.

Bail A.No.582 of 2007 -:2:-

2. 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. 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

ani

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