IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5269 of 2006()
1. P.BHARATHAN, S/O. KRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTING
... Respondent
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :01/09/2006
O R D E R
J.M.JAMES, J.
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B.A. 5269/2006
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DATED THIS THE 1ST DAY OF SEPTEMBER, 2006
O R D E R
The petitioner surrendered before the Court
below on 8.8.2006, as he was accused of the offence
punishable under Section 58 of the Abkari Act, in
C.R.No.5/2004 of Excise Range, Kuthuparamba.
2. The allegation is that on 15.3.2004, the
petitioner, along with accused Nos.1 and 3, was
transporting twenty bottles of rum, each bottle containing
375 ml., ten bottles of brandy of the same denomination
and twenty bottles of rum of 180 ml each, thus totaling
14.85 liters of Indian made foreign liquor, in an auto
rickshaw. Seeing the Excise party, the petitioner escaped.
However, accused Nos.1 and 3 were arrested and they
were released on bail by the Court below. The petitioner,
the second accused, remains in judicial custody. Hence
this application, under Section 439 Cr.P.C.
3. After hearing both sides and considering the
B.A.5269/2006
2
facts on record, including the fact that the matter is
pending as C.P.No. 54/2006, I grant bail and release the
petitioner from jail, subject to the following conditions:-
(a). The petitioner shall execute a bond
for Rs.25,000/-, with two solvent sureties,
each for the like sum, to the satisfaction of
the Additional Chief Judicial Magistrate
Court, Thalassery.
(b). The petitioner shall report before the
Investigating Officer, once in a week, on
every Friday, between 10.00 a.m and
11.00 a.m., for a period of two months,
starting from 8.9.2006.
(c). The petitioner shall not leave the
Sessions Division of Kannur, till the final
trial and disposal of the case.
The application is allowed as above.
J.M.JAMES
JUDGE
mrcs