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.
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B.A.No. 7671 of 2006
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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
