IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 6841 of 2011() ----------------------------- CRIME NO.329/2011 OF WALAYAR POLICE STATION PETITIONER/ACCUSED NO.2 IN CRIME NO.329/2011 ----------------------------------------------------------- MAHIN, AGED 20, S/O.MAIDHEEN, KUPPAKATTU HOUSE, PERUMBAVOOR, ERNAKULAM. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6841 of 2011 --------------------------- Dated this the 17th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.329 of 2011 of Walayar Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 14.8.2011, the petitioner was found transporting 450 litres of spirit. The petitioner was arrested on 14.8.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that no final report was filed in the case within the time stipulated under Section 167 of the Code of the Criminal Procedure. Therefore, the petitioner is entitled to default bail under Section BA 6841/11 2 167(2) of the Code of Criminal Procedure. 5. The learned Public Prosecutor submitted that no charge has been laid. In these circumstances, the petitioner is entitled to default bail. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Palakkad, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter of all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) In case of breach of any of the conditions BA 6841/11 3 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN JUDGE csl