IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6610 of 2011 CMP.2046/2011 OF J.M.F.C. - II, MAVELIKKARA CRIME NO.50 OF 2011 OF NOORANAD EXCISE RANGE, ALAPPUZHA PETITIONER/ACCUSED NO.2: -------------------------------------- PRASAD @ PAKARAN,S/O. NARAYANAN, MULAMOOTTIL HOUSE,ERUMAKUZHY, PALAMEL,NOORANADU,MAVELIKKARA. BY ADV. SRI.RASHEED C.NOORANAD SMT.V.SREEJA RESPONDENT: STATE: COMPLAINANT; --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6610 OF 2011 ------------------------------------------------------ Dated this the 25th day of August, 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.50 of 2011 of Nooranad Excise Range, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 23.5.2011, a quantity of 480 litres of spirit was found concealed in the bedroom of accused No.1. The allegation is that accused No.2 entrusted the spirit to accused No.1 for keeping. The petitioner surrendered before Court on 25.6.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the charge sheet was not filed within sixty days and therefore, the petitioner is entitled to default bail under the proviso to Section 167 BAIL APPL. NO.6610 OF 2011 :: 2 :: (2) of the Code of Criminal Procedure. Learned Public Prosecutor submitted that charge sheet has not been filed till now. Therefore, the petitioner is entitled to default bail. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Mavelikkara, 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, 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; BAIL APPL. NO.6610 OF 2011 :: 3 :: 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 ahz/