Anilkumar @ Anil Aged 37 Years vs State Of Kerala Represented By The on 9 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4865 of 2009()


1. ANILKUMAR @ ANIL AGED 37 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.AJITH MURALI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/09/2009

 O R D E R
                        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

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