High Court Kerala High Court

Madhu.P.K. vs State Of Kerala on 5 May, 2009

Kerala High Court
Madhu.P.K. vs State Of Kerala on 5 May, 2009
       

  

  

 
 
  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.
                  -------------------------------------------
                      B.A.No.2296 of 2009
                  ------------------------------------------
              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