IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5532 of 2010()
1. RAMACHANDRAN
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/09/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.5532 of 2010
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Dated this the 16th day of September, 2010
ORDER
The petitioner, who is the first accused in Crime No.481 of
2009 of Kayamkulam Police Station, for offences punishable
under Sections 55(a) & 8(1) & (2) of the Kerala Abkari Act and
120B of I.P.C., 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 Section 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.35,000/- (Rupees thirty
five thousand only) with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Kayamkulam 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.5532/2010
: 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
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