Kerala High Court
Bail Appl./7587/2006 of ANILKUMAR @ KANNAN Vs THE 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. 7587 of 2006() ----------------------------- CRMP.9499/2006 of J.M.F.C.-III, PUNALUR CRIME NO.103/06 OF PATHANAPURAM 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. 7587 of 2006()
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CRMP.9499/2006 of J.M.F.C.-III, PUNALUR
CRIME NO.103/06 OF PATHANAPURAM EXCISE RANGE.
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PETITIONER/ACCUSED:
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ANILKUMAR @ KANNAN, AGED 30 YEARS,
S/O.SUKUMARA PILLAI, KALLOORKKONATHU VEEDU, POREDOM, CHADAYAMANGALAM.
BY ADV. SRI.P.K.REJITH KUMAR
SRI.A.C.DEVY
RESPONDENTS: COMPLAINANT:
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STATE OF KERALA, REPRESENTED BY
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
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.7587 OF 2006
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O R D E R
Petitioner who is the first accused in C.R.No.103/06 ofPathanapuram Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in jointpossession of 210 liters of spirit on 26.10.2006 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 within 60 days of detention of the petitioner.If so, by virtue of the proviso to section 167(2) Cr.P.C., the petitioneris entitled to bail as of right. Accordingly, the petitioner is directed tobe released on bail on his executing a bond for Rs.20,000/- (Rupeestwenty thousand only) with two solvent sureties each for the likeamount to the satisfaction of the J.F.C.M.-III, Punalur and subject tothe following conditions:
1. Petitioner shall report before the InvestigatingOfficer between 9 a.m. and 11 a.m. on all Wednesdays.
2. The petitioner shall make himself available forinterrogation as and when required by the Police, till the filing ofthe final report.
3. The petitioner shall not influence or intimidate the 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.
V.RAMKUMAR, JUDGE.