IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 1155 of 2010() ----------------------------------- CRMP.494/2010 of J.M.F.C., ADOOR CRIME NO. 1238/2009 OF ADOOR POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- ANILKUMAR @ ANI, S/O.NELSON, ANOOP BHAVAN, MARIYAPURAM DESOM, CHENKALLU VILLAGE, FROM THERUVU VEEDU, UDIYANKULANGARA DESOM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAINANT: ---------------------------------- STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1155 of 2010 ------------------------------------ Dated this the 1st day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1238 of 2009 of Adoor Police Station. 2. The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 29.11.2009, the petitioner transported 5985 litres of spirit in a lorry. The spirit was brought from Tamil Nadu. In the check post, the petitioner declared that the vehicle contained vegetables. The spirit was kept concealed in jars beneath the vegetables. Later, the lorry was found in an abandoned stage near Adoor. The people of the locality reported the matter to the police. The police inspected the lorry. It was found that spirit was kept concealed underneath the vegetables. The petitioner was arrested on 14.12.2009. He was remanded to judicial custody on 15.12.2009. B.A. No. 1155 of 2010 2 4. The petitioner filed B.A.No.529/2010, which was dismissed by this Court on 04.02.2010. Later, the petitioner moved for bail before the Judicial Magistrate of the First Class, Adoor, which was also dismissed by the order dated 16.02.2010. 5. The learned counsel for the petitioner submitted that 60 days elapsed after the date of the remand of the petitioner and therefore, he is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 6. The learned Public Prosecutor submitted that charge sheet is not filed so far. 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 and also the fact that the charge sheet is not filed within 60 days from the date of remand of the petitioner, I am of the view that the petitioner is entitled to be released on bail. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each B.A. No. 1155 of 2010 3 for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor 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) 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 ln