IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Bail Appl..No. 694 of 2011 ------------------------------------------ CRIME NO.47/2010 of THRITHALA EXCISE RANGE CMP.4/2011 of SESSIONS COURT, PALAKKAD .................... PETITIONER/ACCUSED NO.1: BALAN ALIAS BALAKRISHNAN, AGED 40 YEARS, S/O.CHATHAPPAN, EDAPPALAM VEEDU, MALAMAKKAVU DESOM, ANAKKARA VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, THRITHALA EXCISE RANGE, PALAKKAD DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- B.A.No.694 of 2011 -------------------------- ORDER First accused in Crime No.47/2010 of Thrithala Excise Range filed this application for bail as his application for bail was rejected by Sessions Judge, Palakkad under Annexure-A order. Case against the petitioner is that he was found transporting twenty litres of arrack in vehicle KL- 52/B 3017 on 8.12.2010. He was arrested and the arrack was seized and since then, he has been in custody. 2. Learned counsel appearing for the petitioner submitted that final report is yet to be submitted and in such circumstances, petitioner is entitled to get statutory bail. Learned Public Prosecutor submitted that till 1.2.2010, final report was not submitted and he is not aware whether final report is submitted later. BA 694/2011 2 3. If final report is not submitted within sixty days from 8.12.2010, petitioner is entitled to get statutory bail. Petitioner is at liberty to seek statutory bail from the learned Magistrate. Petition is disposed. 7th February, 2011 (M.Sasidharan Nambiar, Judge) tkv