IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 13TH MAY 2010 / 23RD VAISAKHA 1932 Bail Appl..No. 2804 of 2010() ----------------------------- (Crime No.151/2009 of Kuthuparamba Police Station, Kannur Dist.) PETITIONER/ACCUSED NO.5 ANNU @ ARAVINDAN, AGED 30 YEARS, S/O.NARAYANA BHANDARI, 'SARADA NIVAS', NEAR G.H.S.KUNJATHUR, KUNJATHUR VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY S.H.O., KUTHUPARAMBA POLICE STATION, KANNUR DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2804 OF 2010 ------------------------------------------- Dated this the 13th day of May, 2010 O R D E R 1.This is an application for bail filed under Section 439 of the Code of Criminal Procedure. 2.The petitioner is the 5th accused in Crime No.151/09 of Kuthuparamba Police Station in Kannur District. The allegation is that he has committed offence punishable under Section 55(a) of the Abkari Act. 3.The prosecution case is that on 25.5.2009 at about 13.10 hours the Kuthuparamba police intercepted a Maruti vehicle. 20 cans, each containing 33 litres of spirit, were seized from the said vehicle. The petitioner was arrested on 9.3.2010 and since then, he has been in custody. 4.Learned counsel for the petitioner submits that the petitioner is entitled to bail since 60 days period provided under Section BA.2804/10 2 167(2)(a) (ii) of the Code of Criminal Procedure had already completed by 9.5.2010. To fortify the contention, learned counsel for the petitioner relied on the decision of this Court in Sreerajan v. State of Kerala [2001(1) KLT 827]. Admittedly, no final report has been laid in this case. 5.Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted bail. Accordingly, this application is allowed subject to the following conditions: (i) The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate, Kuthuparamba. (ii) The petitioner shall report before the investigating officer on all Saturdays till final report is filed or until further orders. (iii) The petitioner shall not leave the jurisdictional area of the investigating officer without intimating the investigating officer. BA.2804/10 3 (iv) The petitioner shall not tamper with the evidence or influence the witnesses or intimidate them or commit any offence while on bail. (v) In case of violation of any of the conditions mentioned above, the bail shall be liable to be cancelled. C.T.RAVIKUMAR Judge. kkb.13/05.