IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7166 of 2010()
1. THANKAPPAN, S/O.KUTTAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :30/11/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No.7166 of 2010
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Dated this the 30th day of November, 2010.
O R D E R
Petitioner, who is the sole accused in C.R.No.5/2009 of
Excise Range, Udumbanchola for an offence punishable under
Section 8(1) & (2) 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.1,00,000/- (Rupees one lakh
only) with two solvent sureties each for the like amount to the
satisfaction of the Magistrate concerned 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.
B.A.No.7166/2010 2
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.
V.RAMKUMAR, JUDGE
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