IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1084 of 2008()
1. BASHEER, AGED 27 YEARS, S/O.HASSAN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.E.RAFEEK
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/02/2008
O R D E R
R. BASANT, J.
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B.A. No. 1084 OF 2008
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Dated this the 25th day of February, 2008
ORDER
Application for regular bail. The petitioner is arrayed as
the 1st accused. He faces allegations under the Kerala Abkari
Act. The 2nd accused was allegedly found to have 20 litres of
spirit in his possession. He was arrested. The petitioner was
not available at the scene at all. The interrogation of the 2nd
accused furnished information to the police that it was the
petitioner who supplied the said spirit to the 2nd accused.
Accordingly, the petitioner was arrested on 26/1/08. He
continues in custody from that date. After the interrogation of
the petitioner, the complicity of A3 and after the interrogation
of A3, the complicity of A4 have now been realised. The
petitioner continues in custody from 26/1/08. The learned
Public Prosecutor reports that the petitioner has no criminal
B.A. No. 1084 OF 2008 -: 2 :-
antecedents. He is not involved in any other Abkari Act
prosecution.
2. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer on condition
that appropriate safeguards may be insisted and conditions
imposed and I am satisfied that the petitioner, who has remained
in custody from 26/1/08, can now be directed to be released on
bail subject to appropriate terms and conditions.
3. In the result:
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following
terms and conditions:
(i) The petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh 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 on all Mondays and
Fridays between 10 a.m. and 12 noon for a period of three
months and thereafter as and when directed by the
Investigating Officer in writing to do so.
(R. BASANT, JUDGE)
Nan/