IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5771 of 2009()
1. RAJESH,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.AJITH MURALI
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5771 OF 2009
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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
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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/