Accused are entitled to bail if no final report is filed within 60 days of detention as per Cr.P.C. provisions.

Headnote:
Bail - Excise Offence - Abkari Act, Sec. 55(g); Cr.P.C. Sec. 167(1) - Summary: The court granted bail to the petitioners due to the lack of a final report within the statutory period, emphasizing the automatic entitlement to bail under Cr.P.C. provisions.
Fact of the Case:

The petitioners were accused of transporting spirit without authorization under relevant excise laws, arrested on October 18, 2006, and sought bail after 60 days in custody without a final report.
Finding of the Court:

The court found that the absence of a final report after the statutory period entitled the petitioners to bail as a matter of right under Cr.P.C.
Issues: Whether the petitioners are entitled to bail in the absence of a final report within the prescribed time limit.
Ratio Decidendi: The absence of a final report after 60 days mandates the granting of bail to the accused under the relevant provisions of Cr.P.C.
Final Decision: The petitioners are granted bail with conditions.

O R D E R

Petitioners who are accused Nos. 1 and 2 in C.R. No. 48/06 of Excise Range, Chirayinkeezhu for an offence punishable under Sec. 55(g) of the Abkari Act for allegedly transporting 3399 liters of spirit on 18-10-2006 and who were arrested on the same day, seek their enlargement on bail.

2. It is admitted by the learned Public Prosecutor that no final report has been filed even after 60 days of detention of the petitioners. If so, the petitioners are entitled to bail as of right under the proviso to Sec. 167 (1) Cr.P.C. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M -I, Attingal and subject to the following conditions:

1. The petitioners shall report before the Investigating Officer

between 9 a.m. and 11 a.m. on all Wednesdays.

2. The petitioners shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the

prosecution.

3. The petitioners shall not commit any offence while on bail.

3. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

4. It has come to the notice of this Court that in several abkari cases involving spirit, no charge is filed within the statutory period of 60 days resulting in the inevitable release of the accused on bail due to the statutory compulsion under the proviso to Sec. 167 (1) Cr.P.C. It is not known whether the failure to file charge-sheet within the statutory period is deliberate or or due to justifiable reasons. This matter has definitely to be brought to the notice of the Chief Secretary for appropriate remedial measures, if need be.

5. A copy of this order shall be forwarded to the Chief Secretary for information and necessary prophylactic action.

This application is allowed as above.

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2006 Supreme(Online)(KER) 985

HIGH COURT OF KERALAV.RAMKUMAR, JBIJO ELIAS SO ELIAS – AppellantVersusSTATE OF KERALA – RespondentBAIL APPLICATION 7357/2006

Accused are entitled to bail if no final report is filed within 60 days of detention as per Cr.P.C. provisions.

HIGH COURT OF KERALA
V.RAMKUMAR, J
BIJO ELIAS SO ELIAS – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPLICATION 7357/2006