IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 638 of 2010 C.R.NO.45 OF 2009 OF IRINJALAKUDA EXCISE RANGE PETITIONERS/ACCUSED NOS.1 & 2: --------------------------------------- 1. BENNY, AGED 40 YEARS, S/O.JOSEPH, PADATH HOUSE, KAMBALAKADU DESOM, KANIYAMPATTA VILLAGE, VYTHIRI, WAYANAD DISTRICT. 2. SYAMKUMAR, AGED 20 YEARS, S/O.OMANAKUTTAN, AMBATTU HOUSE, THATTAMPADY DESOM, KARUMALOOR, PARAVUR, ERNAKULDM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, REP.BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, IRINJALAKUDA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 638 OF 2010 ------------------------------------------------------ Dated this the 24th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in C.R. No.45 of 2009 of Irinjalakuda Excise Range. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 24.12.2009, the petitioners were found transporting a quantity of 3234 litres of spirit in a lorry. The petitioners were arrested on the same date and they are in judicial custody since then. 4. The learned counsel for the petitioners submitted that final report is not filed so far and, therefore, the petitioners are entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor, on instructions, B.A. NO. 638 OF 2010 :: 2 :: submitted that final report is not filed. It is also submitted that the involvement of other persons in the offence is suspected and that is the reason why the investigation could not be completed and charge sheet filed. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners and also taking into account the fact that no charge sheet is filed within sixty days from the date of arrest of the petitioners, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Irinjalakuda, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; B.A. NO. 638 OF 2010 :: 3 :: c) The petitioners shall surrender their passports, if any, before the Judicial Magistrate of the First Class, Irinjalakuda within a period of one week. If any of the petitioners does not hold an Indian Passport, an affidavit sworn to by him shall be filed before the learned Magistrate within one week; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/