IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 746 of 2010() -------------------------------------- CRIME NO.78/2009 OF EXCISE RANGE, AMARAVILA, TRIVANDRUM DISTRCIT. PETITIONERS -------------------- A.C. CHACKO, S/O. JOSEPH CHACKO, AMBALAKKADAVU KURICHI DESOM, CHANAGANASERRY, KOTTAYAM. BY ADV. MR.M.R.SARIN PANICKER RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 746 of 2010 ------------------------------------ Dated this the 11th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 78/2009 of Amaravila Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 12/12/2009, a quantity of 6666 litres of spirit in 202 cans, each can having a capacity of 35 litres, was being transported in a lorry bearing Tamil Nadu registration. The lorry was intercepted in the Amaravila check post. On inspection, it was found that the spirit was stored in a secret chamber in the lorry. The driver of the vehicle, the second accused, ran away. The petitioner was the cleaner cum driver of the lorry. At the relevant time, he was acting as a cleaner of the lorry. The 3rd accused is the person who allegedly arranged transportation of the spirit. The petitioner was arrested on 13/12/2009 and he was remanded to judicial custody. B.A. No. 746/2010 2 4. The petitioner had filed B.A. No. 7833/2009. That application was dismissed by the order dated 28/1/2010. The petitioner is in judicial custody since 13/12/2009. 5. The learned counsel for the petitioner submitted that charge sheet is not filed in the case and that the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 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 also the fact that charge sheet is not filed , I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara 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 for a period of two months and thereafter on Mondays, till the final report is filed or until further orders. B.A. No. 746/2010 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 scm