IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2296 of 2009()
1. MADHU.P.K.,POLACHIRAYIL VEEDU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.P.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :05/05/2009
O R D E R
C.T.RAVIKUMAR, J.
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B.A.No.2296 of 2009
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Dated, this the 5th day of May, 2009
ORDER
This is an application filed under Section 439 of the
Code of Criminal Procedure. Petitioner is the second accused
in Crime No.17 of 2009 of Thiruvalla Excise Range alleging
commission of offences punishable under Sections 55(a), 58
and 67B of the Kerala Abkari Act. The allegation is that on
31.3.2009 at about 9.30 a.m. the first accused who is a BSF
jawan arrived at Thiruvalla Railway Station and he was found
transporting 150 litres of Indian made foreign liquor in a petty
autorickshaw driven by the petitioner/second accused. Learned
counsel for the petitioner submits that the said autorickshaw
was called for rent by the jawan in uniform and of course he
was having three big iron trunks. Bona fidely believing that he
was a genuine passenger, he was taken in his autorickshaw,
according to the counsel.
2. I have heard the learned Public Prosecutor.
Admittedly, the petitioner is only the driver of the petty
autorickshaw in which the Indian made foreign liquor in
B.A.No.2296 of 2009
2
question were being transported. Considering the
circumstances of the case and also the fact that investigation is
almost over, I think the petitioner herein who is only the driver
of the petty autorickshaw can be granted bail.
3. Accordingly this application is allowed subject to
the following conditions:
i) Petitioner shall be released on bail on his
executing a bond for Rs.25000/- with two solvent sureties for
the like sum each to the satisfaction of the Judicial Magistrate of
the First Class, Thiruvalla.
ii) Petitioner shall not tamper with or attempt to
tamper with evidence or intimidate or influence or attempt to
intimidate or influence the witnesses.
Iii) Petitioner shall report before the investigating
officer as and when his presence is required by him.
C.T.RAVIKUMAR, JUDGE
vns