IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 746 of 2010()
1. A.C. CHACKO,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/02/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 746 of 2010
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Dated this the 11th day of February, 2010
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.1 in
Crime No. 78/2009 of Amaravila Excise Range.
2. The offences alleged against the petitioner are under
Sections 55(a) and 58 of the Abkari Act.
3. The prosecution case is that on 12/12/2009, a quantity
of 6666 litres of spirit in 202 cans, each can having a capacity of
35 litres, was being transported in a lorry bearing Tamil Nadu
registration. The lorry was intercepted in the Amaravila check
post. On inspection, it was found that the spirit was stored in a
secret chamber in the lorry. The driver of the vehicle, the second
accused, ran away. The petitioner was the cleaner cum driver of
the lorry. At the relevant time, he was acting as a cleaner of the
lorry. The 3rd accused is the person who allegedly arranged
transportation of the spirit. The petitioner was arrested on
13/12/2009 and he was remanded to judicial custody.
B.A. No. 746/2010
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4. The petitioner had filed B.A. No. 7833/2009. That
application was dismissed by the order dated 28/1/2010. The
petitioner is in judicial custody since 13/12/2009.
5. The learned counsel for the petitioner submitted that
charge sheet is not filed in the case and that the petitioner is
entitled to default bail under the proviso to Section 167(2) of the
Code of Criminal Procedure.
6. 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 also the fact that charge
sheet is not filed , I am of the view that bail can be granted to
the petitioner.
7. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-II, Neyyattinkara 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 and Thursdays for
a period of two months and thereafter on
Mondays, till the final report is filed or
until further orders.
B.A. No. 746/2010
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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
scm