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High CourtsSingle Bench(2021) 08 KL CK 0137

Abdul Rahiman Mubarak vs State Of Kerala

High Court Of Kerala · Decided on 17 August 2021

HON’BLE JUDGES
Ziyad Rahman A.A, J
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 5545 Of 2021

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Judgment

21 paragraphs · 366 words

Ziyad Rahman A.A., J

1.This is an application for regular bail filed under Section 439 of Criminal Procedure Code.

2.

The petitioners are accused Nos, 1 and 2 in Crime No.354/2021 of Bekal Police Station, Kasargod. The offences alleged against them are under

Sections 55(a) and 8(1) and (2) of the Abkari Act. The allegation against the petitioners is that on 16.06.2021 at about 1.40 a.m., they were found

transporting 2100 litres of spirit in 60 cannas in a vehicle bearing Registration No.KA-19-AD-2031. Both of them were arrested on 16.06.2021 and

since then they are under judicial custody.

3.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4.

The learned counsel for the petitioners pointed out that the petitioners are entitled for statutory bail as the period of 60 days is already expired since

the date of arrest and no charge sheet has been filed.

5.

The learned Public Prosecutor upon instructions submitted that no charge sheet has been filed.

6.

Considering the fact that the statutory period as contemplated under Section 167 (2) of Cr.P.C is already expired, the petitioner is entitled for bail.

In the above circumstances, this application is allowed. The petitioners shall be released on bail subject to the following conditions:-

(i) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the

satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

(iv) The petitioners shall also appear before the investigating officer as and when required by him.

 (v) The petitioners shall not commit any offence of like nature while on bail.

(vi) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with

the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioners shall not leave State of Kerala without the permission of the trial Court.