IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 6459 of 2011() ----------------------------- CRIME NO.58/2010 OF KAZHAKKUTTOM EXCISE RANGE .................... PETITIONER (S): 6TH ACCUSED ------------------------------- C.V. PADMAKUMAR @ PAPPAN, S/O.CHANDRAN NAIR, ARUVIKKARA ROADARIKATHU PUTHEN VEEDU, MARANELLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6459 of 2011 --------------------------- Dated this the 24th 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 the sixth accused in Crime No.58 of 2010 of Kazhakkuttom Excise Range, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 55(a), 58, Section 12(1) and 65 of the Abkari Act. 3. The prosecution case is that on 26.10.2010, accused Nos.1 to 3 were found in possession of 90 litres of spirit and 20 litres of spurious liquor. It is alleged that the sixth accused is the person from whom the contraband was procured. The petitioner was arrested on 24.6.2011 and he was remanded to judicial custody. BA 6459/2011 2 4. The petitioner filed B.A.No.5832 of 2011 for bail, which was dismissed by the order dated 25th July, 2011. 5. It is submitted that no final report was filed within the time provided under Section 167 of the Code of Criminal Procedure and therefore, the petitioner is entitled to default bail under the second proviso to Section 167(2) of the Code of Criminal Procedure. The learned counsel for the petitioner submitted that no final report was filed within 60 days. 6. 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Thiruvananthapuram, subject to the following conditions: BA 6459/2011 3 A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter 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; 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