IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4795 of 2010()
1. SELVARAJAN NADAR,S/O.RAGHAVAN NADAR
... Petitioner
Vs
1. STATE OF KERALA REP BY PUBLIC PROSECUTOR
... Respondent
For Petitioner :SRI.BLAZE K.JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :06/09/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No.4795 of 2010
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DATED: 6th day of September, 2010
O R D E R
Petitioner, who is the 3rd accused in Crime No.10/2009 of
Thirupuram Excise Range, Thiruvananthapuram for offences
punishable under Secs. 55(a), 58 and 67B of the Abkari Act I of
1077, 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 Court-I, Neyyattinkara and
subject to the following conditions:-
Bail Application No.4795 of 2010
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.
Dated this the 6th day of September, 2010
V.RAMKUMAR, JUDGE
dmb