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SATHI, S/O. OMANA v. STATE OF KERALA - Bail Appl No. 1050 of 2007  RD-KL 4264 (26 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 1050 of 2007()
1. SATHI, S/O. OMANA,
1. STATE OF KERALA,
For Petitioner :SRI.G.SUDHEER
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. 1050 OF 2007
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DATED THIS THE 26th DAY OF FEBRUARY, 2007
O R D E RPetitioner who is the accused in C.R.No.63/06 of Neyyattinkara Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 1 = litres of illicit arrack on 21.12.2006 and who was arrested on 26.12.2006, seeks his enlargement on bail.
2. Even though the learned Public Prosecutor opposed the application, he fairly conceded that final report has not been filed even after 60 days of detention of the petitioner. If so, by virtue of the proviso to section 167(2) Cr.P.C., the petitioner is entitled to bail as of right. Accordingly, the petitioner is directed to be released on bail on his 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.-I, Neyyattinkara 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.
2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. B.A.NO.1050/07 Page numbers
3. The 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.
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