IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Bail Appl..No. 5771 of 2009 CRIME NO.314 OF 2009 OF ALATHUR POLICE STATION PETITIONER/ACCUSED -------------------------------------- RAJESH, AGED 31 YEARS, S/O.KUTTAN,KANJIKKANVEEDU, PUTHIYAVILAMURI, KANDALLUR, KARTHIKAPALLI, ALAPPUZHA. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5771 OF 2009 ------------------------------------------------------ Dated this the 8th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.314 of 2009 of Alathur Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 25.6.2009, a quantity of 700 litres of spirit was transported by accused Nos.2 to 4. The allegation is that the petitioner directed accused Nos.2 to 4 to transport the contraband. The vehicle belongs to the petitioner. The petitioner was arrested on 7.8.2009. Final report is not filed so far. Therefore, the petitioner is entitled to get default bail under Section 167(2) of the Code of Criminal Procedure. 4. Taking into account the facts and circumstances of the case and also the fact that charge is not filed within the time B.A. NO. 5771 OF 2009 :: 2 :: stipulated under Section 167(2) of the Code of Criminal Procedure, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Alathur, 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, 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 ahz/