High Court Kerala High Court

Premadas vs State Of Kerala Represented By The on 9 June, 2010

Kerala High Court
Premadas vs State Of Kerala Represented By The on 9 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3488 of 2010()


1. PREMADAS, AGED 36 YEARS
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.NIREESH MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :09/06/2010

 O R D E R
                              K.HEMA, J.
                           ------------------
                       B.A. No. 3488 of 2010
                  ------------------------------------
                 Dated this the 9th day of June, 2010

                              O R D E R

Petition for bail.

2. The alleged offence is under Section 55 (a) of the Abkari

Act. According to prosecution, on 17.04.2010 petitioner was

found in possession of 704 litres of spirit and he was arrested

from the spot.

3. Petitioner is in custody for the past 53 days. Charge

sheet is not filed so far. Learned counsel for petitioner submitted

that the articles were seized from the abandoned property and

prosecution case that petitioner was present at the scene is

improbable. According to prosecution case itself, the excise

officials stopped the vehicle at 200 metres away and they

proceeded to stop by walk. So, it is highly improbable that an

offender will remain there till officers come to the spot, it is

submitted.

4. Taking into consideration the stage of investigation, this

petition is not opposed.

5. On hearing both sides, I am satisfied that bail can be

granted on conditions. Hence the following order is passed:

B.A. No. 3488 of 2010 2

Petitioner shall be released on bail on his

executing a bond for Rs.50,000/- with two solvent

sureties each for the like sum to the satisfaction of

the Magistrate Court concerned on the following

conditions:

i) Petitioner shall appear before the
Investigating Officer on every Monday and
Thursday, between 10 A.M. and 1 P.M.,
until further orders.

ii) In case, petitioner is involved in any similar
offence, bail is liable to be cancelled.

This petition is allowed.

K. HEMA, JUDGE

ln