IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2115 of 2008()
1. K.M.RASHEED, S/O.MUHAMMED
... Petitioner
Vs
1. THE STATE OF KERALA REP. BY
... Respondent
2. THE EXCISE INSPECTOR
3. THE ASST. EXCISE COMMISSIONER
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :02/04/2008
O R D E R
R.BASANT, J
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B.A.No.2115 of 2008
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Dated this the 2nd day of April, 2008
ORDER
Application for regular bail. Petitioner is the 3rd accused.
Altogether there are 3 accused persons. The 1st and 2nd accused
have already been arrested and enlarged on bail. The crux of the
allegations is that 16.5 litres of Indian Made Foreign Liquor were
transported by accused 1 and 2 in a vehicle which allegedly
belongs to the petitioner, the 3rd accused. The petitioner had
come to this Court for anticipatory bail. Consequent to dismissal
of that application for anticipatory bail, the petitioner surrendered
before the learned Magistrate on 25.02.08. He continues in
custody from that date, his application for regular bail having
been dismissed by the learned Magistrate.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. He was not the owner of the
vehicle on the relevant date. Long earlier he had transferred the
vehicle to some other. He is being vexed and harassed now. He
may be granted regular bail, it is submitted.
B.A.No.2115 of 2008 2
3. The learned Public Prosecutor does not oppose the
said prayer and I am satisfied that the petitioner can now be
enlarged on bail subject to appropriate terms and conditions.
4. In the result, this application is allowed. The petitioner
shall be released on bail on the following terms and conditions.
i) The petitioner shall execute a bond for Rs.50,000/-
(Rupees Fifty thousand only) with two solvent sureties each for
the like sum to the satisfaction of the learned Magistrate;
ii) The petitioner shall make himself available for
interrogation before the Investigating Officer as and when
directed by the Investigating Officer in writing to do so.
(R.BASANT, JUDGE)
rtr/-