Kerala High Court
Bail Appl./7433/2006 of SUJITH Vs STATE OF KERALA on 26 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Bail Appl..No. 7433 of 2006() ----------------------------- CRMP.4915/2006 of J.M.F.C., SASTHAMCOTTA CRIME NO.68/06 OF SASTHAMCOTTA EXCISE RANGE. ....................
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928
Bail Appl..No. 7433 of 2006()
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CRMP.4915/2006 of J.M.F.C., SASTHAMCOTTA
CRIME NO.68/06 OF SASTHAMCOTTA EXCISE RANGE.
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: PETITIONER/ACCUSED
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SHRI SUJITH, S/O.SURENDRAN,
SUJITH BHAVANAM, NADUVILEMURI,
IVERKALA, KUNNATHOOR.
BY ADV. SRI.N.UNNIKRISHNAN
RESPONDENTS: COMPLAINANT
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1. THE STATE OF KERALA REP. BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE EXCISE INSPECTOR,
SASTHAMCOTTA EXCISE RANGE.
BY PUBLIC PROSECUTOR SHRI K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
V. RAMKUMAR, J.
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BAIL APPLICATION NO.7433 OF 2006
- - - - - - - - - ----------------------- - - - - - - DATED THIS THE 26TH DAY OF DECEMBER, 2006
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O R D E R
Petitioner who is the accused in Crime No.68/06 of SasthamcottaExcise Range for offences punishable under sections 8(1) and 8(2) ofthe Abkari Act for allegedly having been found in possession of 5 litersof arrack and 140 liters of wash on 27.10.2006 and who was arrestedon the same day, seeks his enlargement on bail.
2. Learned Public Prosecutor on instructions admitted that nofinal report has been filed even after 60 days of detention of thepetitioner in judicial custody. If so, by virtue of the proviso to section167(2) Cr.P.C., the petitioner is entitled to bail as of right.Accordingly, the petitioner is directed to be released on bail on hisexecuting a bond for Rs.25,000/- (Rupees twenty five thousand only)with two solvent sureties each for the like amount to the satisfaction ofthe J.F.C.M.,Sasthamcotta and subject to the following conditions:
1. Petitioner shall report before the InvestigatingOfficer between 9 a.m. and 11 a.m. on allWednesdays.Officer between 9 a.m. and 11 a.m. on allWednesdays.
2. The petitioner shall make himself available forinterrogation as and when required by the Police, till thefiling of the final report.
3. The petitioner shall not influence or intimidatethe prosecution witnesses nor shall he attempt totamper with the evidence for the prosecution.
4. The petitioner shall not commit any offencewhile 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.
dsn
V.RAMKUMAR, JUDGE.