IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8507 of 2011() ----------------------------- CRIME NO.237/2008 OF PULIKEEZHU POLICE STATION PETITIONER/ACCUSED : --------------------------- PREJITH, S/O.RAJAPPAN, VALYAMANNIL HOUSE, IKKUZHI, MUNDIYAPALLI MURIYIL, KAVIYOOR, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8507 of 2011 --------------------------- Dated this the 24th day of October, 2011 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.2 in Crime No.237 of 2008 of Pulikeezhu Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 4.10.2008, the accused persons transported 385 litres of spirit in a Maruti car. The car was intercepted by the police. At that time, the accused persons escaped and they could not be arrested. The petitioner could be arrested only on 17.8.2011. He is in judicial custody since 17.8.2011. Huge quantity of spirit was allegedly transported by the accused. BA 8507/11 2 4. Bail Application No.7817 of 2011 filed by the petitioner was dismissed by the order dated 29th September, 2011. 5. It is submitted by the learned counsel for the petitioner that though 60 days elapsed from the date of arrest, no charge sheet has been filed and therefore, the petitioner 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 no charge has been filed. In these circumstances, the petitioner is entitled to default bail. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing BA 8507/11 3 bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, 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 csl