IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7667 of 2006()
1. S.SHYJU, AGED 30 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESNETED BY
... Respondent
For Petitioner :SRI.C.C.THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/01/2007
O R D E R
V.Ramkumar, J.
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B.A.No.7667 of 2006
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Dated this the 15th day of January, 2007.
ORDER
Petitioner, who is the third accused (originally 2nd accused) in
Crime No.119 of 2003 of Pozhiyoor Police Station for an offence
punishable under Section 55(a) of Abkari Act for allegedly carying
1085 litres of spirit on 26.7.2003 and who was arrested on 3.11.2006
in relation to another crime and who was remanded to judicial custody
in this case on 15.11.2006, 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 by virtue of the proviso to
Section 167(2) Cr.P.C.
3. Accordingly, the petitioner is directed to be released on bail
on his executing a bond for Rs.50,000/- (Rupees fifty thousand only)
with two solvent sureties each for the like amount to the satisfaction of
the J.F.C.M.- II, Neyyattinkara and subject to the following conditions:-
BA 7667/06 -: 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 15/1