IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 4856 of 2009 -------------------------------------- (CRIME NO. 115/2009 OF SREEKARYAM POLICE STATION) .................... PETITIONER/ACCUSED NOS 3 & 4: ------------------------------------------------- 1. RAJKUMAR @ KUMAR, S/O.PRABHAKUMAR, SANTHI BHAVAN, THEVARKODE JUNCTION, MYLAKARA DESOM, KALLIKKAD VILLAGE. 2. JOMON @ RAJEEV, S/O.UDAYAN, CHIRAVARAMPIL VEEDU, NEAR LAKSHAM VEEDU COLONY, CHERUVAKKAL VILLAGE. BY ADV. MR.B.HARISH KUMAR. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 4856 of 2009 ------------------------------------ Dated this the 10th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.3 and 4 in Crime No. 115/2009 of Sreekaryam Police Station, Thiruvanathapuram. 2. The offence alleged against the petitioners is under Section 55 (a) of the Abkari Act. 3. The prosecution case is that on 18.03.2009, a quantity of 1190 litres of spirit was found from a Government land. On enquiry it is revealed that the accused persons are involved in the offence. The petitioners were arrested on 06.07.2009 and they are in judicial custody. 4. The learned counsel for the petitioners submitted that as no charge is laid as on today, The petitioners are entitled to get default bail under Section 167(2) of the Code of Criminal Procedure. 5. It is submitted by the learned Public Prosecutor that charge was not laid in the case. B.A. No. 4856 of 2009 2 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the fact that the charge was not laid even after 60 days of the date of arrest, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvanathapuram subject to the following conditions:- A) The petitioners 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) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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 B.A. No. 4856 of 2009 3 to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln