IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6018 of 2010()
1. SHABU, S/O.GIREESAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/10/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No.6018 of 2010
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DATED:5th day of October, 2010
O R D E R
Petitioner, who is the 2nd accused in Crime No.42/2010 of
Kazhakuttom Excise Range for offences punishable under Secs.
55(i), 58, 12(1) and 12(c) of the Abkari Act, 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.3,00,000/- (Rupees three lakhs
only) with two solvent sureties each for the like amount to the
satisfaction of the Magistrate concerned and subject to the
following conditions:-
Bail Application No.6018 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. 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
dmb