Vipin K.Mohanan vs The Excise Inspector on 9 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3439 of 2010()


1. VIPIN K.MOHANAN, S/O.MOHANAN P.,
                      ...  Petitioner

                        Vs



1. THE EXCISE INSPECTOR, EXCISE RANGE,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.C.K.SREEJITH

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :09/06/2010

 O R D E R
                              K.HEMA, J.
                           ------------------
                        B.A. No.3439 of 2010
                  ------------------------------------
                 Dated this the 9th day of June, 2010

                              O R D E R

Petition for bail.

2. The alleged offences are under Sections 55 (a) and 55 (g)

of the Abkari Act. According to prosecution, petitioner transported

5074 litres of spirit in his lorry on 23.02.2010. The lorry was

found parked near the godown of a company at Angamally.

Petitioner was arrested on 22.03.2010.

3. Petitioner is in custody for the past 74 days. Charge sheet

is laid on 30.03.2010. It is submitted by the learned counsel for

petitioner that petitioner is not the R.C. Owner. He was arrested

on the statement given by CW5, who is the registered owner of

the lorry that the lorry involved int his case was sold to the

petitioner, on the strength of an agreement.

4. This petition is not opposed, since charge sheet is already

laid, but stringent conditions may be imposed, it is submitted.

5. On hearing both sides, I am satisfied that bail can be

granted on conditions. Hence the following order is passed:

B.A. No.3439 of 2010 2

Petitioner shall be released on bail on his

executing a bond for Rs.1,00,000/- with two

solvent sureties each for the like sum to the

satisfaction of the Magistrate Court concerned on

the following conditions:

i) Petitioner shall report before the
Investigating Officer on every day
between 10 A.M. and 1 P.M., until further
orders.

ii) Petitioner shall not leave the limits of the
police station within which the crime is
registered, except with prior permission of
the learned Magistrate.

iii) Petitioner shall not influence or intimidate
any witness or tamper with the evidence.

iv) In case, petitioner is involved in any similar
offence, bail is liable to be cancelled.

This petition is allowed.

K. HEMA, JUDGE

ln