IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 300 of 2007()
1. REMANAN, S/O. SIVARAMAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.D.JAYACHANDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/01/2007
O R D E R
V.Ramkumar, J.
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B.A.No. 300 of 2007
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Dated this the 19th day of January, 2007.
ORDER
Petitioner, who is the second accused in Crime No.103 of 2006 of
Pathanapuram Excise Range for offences punishable under Section 8
(1) and (2) of the Abkari Act for allegedly having been found in joint
possession along with A1 of 210 litres of illicit spirit on 26.10.2006 and
who was arrested on the same day, seeks his enlargement on bail.
2. Even though the learned Public Prosecutor opposed
the application, he fairly conceded that no final report has been filed
even after 60 days of judicial custody of the petitioner. If so, the
petitioner is entitled to be released on bail as of right under Section
167(2) Cr.P.C.
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 J.F.C.M.- III, Punalur and subject to the following
conditions:-
BA 300/07 -: 2 :-
1. Petitioner shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all Wednesdays.
2. Petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to tamper with
the evidence for the prosecution.
3. 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.
ess 19/1