ANILKUMAR ALIAS TRACTOR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the sole accused in Crime No.63/2006 of Kottarakkara Excise Range for an offence punishable under sec.8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 5 litres of illicit arrack on 8.4.2006 and who was also arrested on 7.12.2006, seeks his enlargement on bail.

(2.) Even though the learned Public Prosecutor opposed the application submitting inter alia that the petitioner is an accused in two other cases involving similar offences, he fairly conceded that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right.

(3.) 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, Kottarakkara, 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. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. Bail A.No.6342007 -:2:- 3. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 4. 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.