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RAJENDRA SINGH, AGED 46 YEARS v. STATE OF KERALA - Bail Appl No. 1057 of 2007  RD-KL 4110 (23 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 1057 of 2007()
1. RAJENDRA SINGH, AGED 46 YEARS,
2. GURUDAYAL, AGED 55 YEARS,
1. STATE OF KERALA,
For Petitioner :SRI.SASTHAMANGALAM S. AJITHKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V.RAMKUMAR, J.Bail Application No. 1057/2007 Dated this 23rd day of February, 2007
O R D E RIn this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused 1 and 2 in C.R. No. 71/2006 of Amaravila Excise Range for offences punishable under Sections 55(a) and 67B of the Abkari Act for allegedly transporting 10,032 liters of spirit in 304 white cans of 35 liters each in LPG Trailer Tanker on 21.12.2006, seek their enlargement on bail.
2. Even though the learned Public Prosecutor opposed the application, he fairly conceded that the final report has not 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.
3. Accordingly, the petitioners are directed to be
released on bail on each of them
depositing a sum of
Rs.1,00,000/- (One Lakh Rupees) in cash and each of them
executing a bond
for Rs. 50,000/- (Fifty Thousand Rupees only)
with two solvent sureties each for the like amount to the
satisfaction of the J.F.C.M-II, Neyyattinkara and subject to the
(a). The Petitioners shall report before the Investigating Officer between 9 a.m. and 11
a.m. on all Wednesdays.
(b). The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.
(c). The petitioners shall not commit any offence while on bail.
4. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. The application is allowed as above. V.RAMKUMAR,
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