IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4866 of 2009() ----------------------------- CRIME NO.73/07 OF KANAKAKKUNNU POLICE STATION .................... PETITIONER/ACCUSED -3 ----------------------------------------- ANILKUMAR @ ANIL, AGED 37 YEARS, S/O.GOPALAN, SANKARAVILASAM, WEST OF NELIMUKAL VILAKKATTU KAVE, MUNDAPPALLI MURI, WARD NO.13. PALLIKKAL PANCHAYAT, PERINGATU VILLAGE, ADOOR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4866 of 2009 --------------------------------------------- Dated this the 27th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.73 of 2007 of Kanakakkunnu Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) and 55(a) of the Abkari Act. 3. The prosecution case is that on 23.4.2007, the petitioner and the other accused transported 2520 litres of spirit. The petitioner was arrested on 26.6.2009. 4. It is submitted by the learned counsel for the petitioner that charge was not laid in the case and that the petitioner is entitled to default bail under Section 167(2) of the Code of Criminal Procedure. 5. Learned public prosecutor submitted that the charge was not laid within the stipulated period. Therefore, the petitioner is entitled to default bail. The petitioner shall be released on bail on his executing BA No.4866/2009 2 bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl