S.Shyju @ Chuzhali vs State Of Kerala Represented By on 8 January, 2007

Kerala High Court
S.Shyju @ Chuzhali vs State Of Kerala Represented By on 8 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7671 of 2006()


1. S.SHYJU @ CHUZHALI, AGED 30 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.C.C.THOMAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/01/2007

 O R D E R


                                V.Ramkumar, J.

                 ========================

                            B.A.No. 7671 of 2006

                 ========================


                Dated this the 8th day of January, 2007.


                                       ORDER

Petitioner, who is the accused in Crime No.450 of 2006 of

Neyyattinkara Police Station for offences punishable under Section 8

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

of 1190 litres of spirit on 9.6.2006, seeks his enlargement on bail. He

was arrested on 3.11.2006 and remanded to the judicial custody on

4.11.2006.

2. Even though the learned Public Prosecutor opposed the

application, he fairly conceded that no final report has been submitted

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 J.F.C.M.- I, Neyattinkara and subject to the following

conditions:-

BA 7671/06 -: 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 8/1

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