Kerala High Court
Sarath vs The Sub Inspector Of Police on 4 December, 2006
Author: V. Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6876 of 2006()
1. SARATH, S/O.SASI, AGED 22 YEARS,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.N.RATHEESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/12/2006
O R D E R
V. RAMKUMAR, J.
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Bail Application No.6876 & 6878 OF 2006
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DATED: DECEMBER 4, 2006
O R D E R
petitioners who are accused Nos.2 and 1 respectively in Crime No.679/2006 of Kasaragod Police Station for an offence punishable under Sec.8(2) of the Abkari Act for allegedly having been found in joint possession of 1000 liters of spirit in 30 jerry cans on 4.10.2006 and were arrested on the same day, seek their enlargement on bail.
2. The learned Public Prosecutor admitted that no charge sheet has been filed even after the lapse of 60 days' detention of the petitioner. If so, by virtue of the proviso to sec.167(1) Cr.P.C., the petitioners are entitled to be released on bail as of right.
3. Accordingly, the petitioners are directed to be released on bail on their executing a bond for Rs. 20,000/- (Rupees twenty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-I, Kasaragod, 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. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to Bail A.No.6876 & 6878/06 -:2:- tamper with the evidence for the prosecution.
3. 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.
V.RAMKUMAR, JUDGE.
mt/-