IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5822 of 2009() ----------------------------- CR.NO.10 OF 2009 OF THALIPARAMBA EXCISE RANGE, KANNUR DIST. PETITIONERS/ACCUSED --------------------------------------- 1. R.BABU, S/O.RAMAKRISHNAN, AGED 41 YEARS, ERATTU VEETTIL, KOLLANKODE AMSOM DESOM, PAZHAYANGADI, PALAKKAD DISTRICT. 2. RAVEENDRA, AGED 22 YEARS, S/O.NARAYANAN, KUNJATHOOR MADA AMSOM DESOM, THOOMINAD P.O., KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, TALIPARAMBA, KANNUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5822 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in C.R.No.10 of 2009 of Thaliparamba Excise Range, Kannur District. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 13.8.2009, the petitioners were found transporting 9900 litres of spirit. The petitioners were arrested on the same day and they were remanded to judicial custody. 4. The learned counsel for the petitioners submitted that charge is not filed in the case and therefore, the petitioners are entitled to get default bail under Section 167(2) of the Code of Criminal Procedure. 5. The learned Public Prosecutor submitted that charge was not laid within the time stipulated under Section 167(2) of the Code of Criminal Procedure. 6. Taking into account the facts and circumstances of the BA No.5822/2009 2 case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and also the circumstance that charge is not laid within the time provided under Section 167(2) of the Code of Criminal Procedure, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thaliparamba, subject to the following conditions: a) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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