IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5546 of 2011 -------------------------------------- [CRIME NO.78/2010 OF EXCISE RANGE, UDUMBANCHOLA, IDUKKI DISTRICT] .............. PETITIONER/ACCUSED (A2): ----------------------------------------- ALEKUTTY, W/O. CHACKO, VALLAVASSERRIKKUDIYIL VEEDU, PARATHODU KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.RAJEEV. RESPONDENT & STATE: ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.78/2010 OF EXCISE RANGE, UDUMBANCHOLA, IDUKKI DISTRICT). BY PUBLIC PROSECUTOR SRI. V. MANU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T.SANKARAN, J. --------------------------------- B.A.No.5546 OF 2011 --------------------------------- Dated this the 14th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 2nd accused in Crime No.78 of 2010 of the Udumbanchola Excise Range. 2.The offences alleged against the petitioner are under Sections 55(a)(i) and 67B of the Abkari Act. 3.The prosecution case is that on 16.10.2010, the first accused transported 35 litres of Indian made foreign liquor in an autorickshaw and the Indian made foreign liquor was intended to be supplied to accused Nos.2 to 4. The petitioner was arrested on 14.5.2011 and she was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that B.A.No.5546 OF 2011 2 no final report was filed before the expiry of 60 days and therefore, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor, on instructions, submitted that no final report was filed within 60 days from the date of arrest of the petitioner. 5.Taking into account the facts and circumstances of the case and also the fact that no final report was filed within 60 days from the date of arrest of the petitioner, 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 her executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandom, 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.A.No.5546 OF 2011 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 cms