IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 396 of 2010() ---------------------------- CMP.2205/2009 of J.M.F.C.-III,THRISSUR .................... PETITIONERS/ACCUSED NO.1: ------------------------------------------------ BIJU, S/O.RAJAN, AGED 31 YEARS, ODAMPALLILL(H), CHETTIKULANGARA, KANNAMANGALAM, MAVELIKKARA. BY ADV. MR.M.J.SANTHOSH RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- THE EXCISE INSPECTOR, THRISSUR RANGE, REP. BY STATE OF KERALA, THROUGH THE GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 396 of 2010 --------------------------------- Dated this the 15th day of February, 2010 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.1 in Cr.No.75/2009 of Thrissur Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 17/12/2009, the petitioner was found transporting 528 litres of spirit in a Hyundai Accent Car. The petitioner was arrested on 17/12/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that charge sheet is not filed in the case and therefore, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 5. The learned Public Prosecutor submitted that the second accused is yet to be arrested and that is the reason why the charge sheet could not be filed. The learned Public Prosecutor also submitted that the petitioner is involved in six other cases of B.A. No. 396/2010 2 similar nature. 6. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 7. 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, the fact that the charge sheet was not filed within 60 days and also taking note of the undertaking, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thrissur 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, till the final report is filed or until further orders. B.A. No. 396/2010 3 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 scm