IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 753 of 2008()
1. JOY @ MATHEW JOSEPH
... Petitioner
Vs
1. EXCISE INSPECTOR, S.BATHERY.
... Respondent
2. STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.N.J.ANTONY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/02/2008
O R D E R
R. BASANT, J.
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B.A.No. 753 of 2008
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Dated this the 8th day of February, 2008
O R D E R
Application for regular bail. The petitioner faces indictment
in a prosecution under Section 55(a) of the Kerala Abkari Act.
He had come to this Court claiming anticipatory bail and by
order dt. 12.11.2007 in Crl.M.C. 3399 of 2007 the said petition
was dismissed with direction to the petitioner to surrender and
seek bail from the learned Magistrate. Accordingly he
surrendered on 31.1.2008 and continues in custody from that
date. The crux of the allegations is that 540 litres of spirit was
being transported by the first accused for and on behalf of the
petitioner in a vehicle on 17.12.2007.
2. The learned counsel for the petitioner prays, the
learned 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, the final report having
already been filed.
B.A.No. 753 of 2008
2
3. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) The petitioner shall execute a bond for Rs.5,00,000/-
(Rupees five lakhs only) with two solvent sureties each for the like
sum to be satisfaction of the learned Magistrate.
(b) The petitioner shall report before the Investigating Officer
between 5 p.m. and 6 p.m. on all Sundays, until the case against him is
finally disposed of.
(R. BASANT)
Judge
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