IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 4865 of 2009() ----------------------------- CRMP.1565/2009 of J.M.F.C., AMBALAPUZHA CRIME NO. 238/2007 OF AMBALAPUZHA POLICE STATION .................... PETITIONER/ACCUSED -4: -------------------------------------- ANILKUMAR @ ANIL AGED 37 YEARS, S/O.GOPALAN, SANKARAVILASAM, WEST OF NELIMUKAL VILAKKATTU KAVE, MUNDAPPALLI MURI,WARD NO.13, PALLIKKAL PANCHAYAT, PERINGATTU VILLAGE, ADOOR TALUK. BY ADV. SRI. AJITH MURALI RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4865 of 2009 ------------------------------------ Dated this the 9th day of September, 2009 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.4 in Crime No. 238/2007 of Ambalapuzha 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 10.06.2007, the accused persons were found in possession of 7000 litres of spirit in a Qualis Car. The petitioner was arrested in Crime No. 73/2009 of Kanakakunnu Police Station on 26.06.2009. His formal arrest was recorded in the present case on 01.07.2009. 4. It is submitted by the learned counsel for the petitioner that the charge sheet was not filed within the time provided under Section 167 (2) of the Code of Criminal Procedure and that the petitioner is entitled to get default bail under Section 167 (2) of the Code of Criminal Procedure. 5. Taking into account and the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that the charge was not laid within the time provided under Section 167(2) of the B.A. No. 4865 of 2009 2 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. 50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ambalapuzha 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 ln