High Court Kerala High Court

Subeesh vs State Of Kerala on 9 January, 2007

Kerala High Court
Subeesh vs State Of Kerala on 9 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 61 of 2007()


1. SUBEESH, S/O.SURENDRAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :09/01/2007

 O R D E R


                                  V.Ramkumar, J.

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

                                B.A.No. 61 of 2007

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


                Dated this the  9th day of January, 2007.


                                         ORDER

Petitioner, who is the accused in CR No.204 of 2006 of

Kottarakara Excise Range for offences punishable under Section 8(1)

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

two litres of illicit arrack on 4.11.2006 and who was arrested on the

same day, seeks his enlargement on bail.

2. In as much as no final report has been filed even after 60

days of detention of the petitioner, he is entitled to 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.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, Kottarakara and subject to the following

conditions:-

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

BA 61/07 -: 2 :-

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 9/1