IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1047 of 2009()
1. RENJU, S/O.BHASKARAN, VILAYIL VEEDU
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE
For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/03/2009
O R D E R
V. RAMKUMAR, J.
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Bail Application No.1047 of 2009
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DATED:23.03.2009
O R D E R
Petitioner, who is the sole accused in Crime No.40 of 2009
of Kollam West Police Station for an offence punishable under
Section 55(a) and (i) of the Abkari Act for allegedly having been
found in possession of 66 litres of spirit on 17.01.2009 and who
was arrested on 20.1.2009, 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 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. 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.-II, Kollam and subject
to the following conditions:-
Bail A.No.1047/2009 -: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. 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
sj