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VIJAYAKUMAR, S/O. JOHN WILLIAM v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 48 of 2007  RD-KL 1865 (23 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 48 of 2007()
1. VIJAYAKUMAR, S/O. JOHN WILLIAM,
2. SUBBAYA, S/O. PONNANDI,
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.A.DINESH RAO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO.48 OF 2007
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DATED THIS THE 23rd DAY OF JANUARY, 2007
O R D E RPetitioners who are accused 1 and 2 in Crime No.108/06 of Pathanapuram Excise Range for an offence punishable under section 55(a) of the Abkari Act for allegedly transporting 5445 litres of spirit on 22.11.2006 and who were arrested on the same day, seek their enlargement on bail.
2. Even though the learned Public Prosecutor opposed the application, he fairly conceded that no final report has been filed even after 60 days of judicial custody of the petitioners. If so, by virtue of the proviso to section 167(2) Cr.P.C., the petitioners are entitled to bail as of right. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs.20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-III, Punalur and subject to the following conditions:
1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.
2. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. B.A.NO.48/07 Page numbers
3. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above.
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