IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3488 of 2010()
1. PREMADAS, AGED 36 YEARS
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :09/06/2010
O R D E R
K.HEMA, J.
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B.A. No. 3488 of 2010
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Dated this the 9th day of June, 2010
O R D E R
Petition for bail.
2. The alleged offence is under Section 55 (a) of the Abkari
Act. According to prosecution, on 17.04.2010 petitioner was
found in possession of 704 litres of spirit and he was arrested
from the spot.
3. Petitioner is in custody for the past 53 days. Charge
sheet is not filed so far. Learned counsel for petitioner submitted
that the articles were seized from the abandoned property and
prosecution case that petitioner was present at the scene is
improbable. According to prosecution case itself, the excise
officials stopped the vehicle at 200 metres away and they
proceeded to stop by walk. So, it is highly improbable that an
offender will remain there till officers come to the spot, it is
submitted.
4. Taking into consideration the stage of investigation, this
petition is not opposed.
5. On hearing both sides, I am satisfied that bail can be
granted on conditions. Hence the following order is passed:
B.A. No. 3488 of 2010 2
Petitioner shall be released on bail on his
executing a bond for Rs.50,000/- with two solvent
sureties each for the like sum to the satisfaction of
the Magistrate Court concerned on the following
conditions:
i) Petitioner shall appear before the
Investigating Officer on every Monday and
Thursday, between 10 A.M. and 1 P.M.,
until further orders.ii) In case, petitioner is involved in any similar
offence, bail is liable to be cancelled.
This petition is allowed.
K. HEMA, JUDGE
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