High Court Kerala High Court

K.M.Rasheed vs The State Of Kerala Rep. By on 2 April, 2008

Kerala High Court
K.M.Rasheed vs The State Of Kerala Rep. By on 2 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2115 of 2008()


1. K.M.RASHEED, S/O.MUHAMMED
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REP. BY
                       ...       Respondent

2. THE EXCISE INSPECTOR

3. THE ASST. EXCISE COMMISSIONER

                For Petitioner  :SRI.K.M.SATHYANATHA MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :02/04/2008

 O R D E R
                              R.BASANT, J
                       ------------------------------------
                        B.A.No.2115 of 2008
                      -------------------------------------
                Dated this the 2nd day of April, 2008

                                   ORDER

Application for regular bail. Petitioner is the 3rd accused.

Altogether there are 3 accused persons. The 1st and 2nd accused

have already been arrested and enlarged on bail. The crux of the

allegations is that 16.5 litres of Indian Made Foreign Liquor were

transported by accused 1 and 2 in a vehicle which allegedly

belongs to the petitioner, the 3rd accused. The petitioner had

come to this Court for anticipatory bail. Consequent to dismissal

of that application for anticipatory bail, the petitioner surrendered

before the learned Magistrate on 25.02.08. He continues in

custody from that date, his application for regular bail having

been dismissed by the learned Magistrate.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. He was not the owner of the

vehicle on the relevant date. Long earlier he had transferred the

vehicle to some other. He is being vexed and harassed now. He

may be granted regular bail, it is submitted.

B.A.No.2115 of 2008 2

3. The learned Public 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.

4. In the result, this application is allowed. The petitioner

shall be released on bail on the following terms and conditions.

i) The petitioner shall execute a bond for Rs.50,000/-

(Rupees Fifty thousand 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 as and when

directed by the Investigating Officer in writing to do so.

(R.BASANT, JUDGE)
rtr/-