IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3662 of 2008()
1. RATHEESH, S/O. GOPALAN,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :06/06/2008
O R D E R
K. HEMA, J.
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B.A.No. 3662 of 2008
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Dated this the 6th day of June, 2008
O R D E R
Application for bail.
2. According to the prosecution, the petitioner was found in
possession of 1.5 litres of illicit arrack on 23-5-2007 at about 8.50 p.m.
He could not be arrested in the above case. Later, he was arrested in
connection with another case on 4-5-2008 involving one litre of arrack and
the arrest in this case is recorded only on 26-5-2008 formally.
3. The learned counsel for the petitioner submitted that the
respondent has falsely foisted a case against the petitioner when he was
arrested on 4-5-2008 stating that he was found in possession of one litre of
arrack. He was arrested in the said crime and he was remanded to judicial
custody. He was, however, granted bail on 26-5-2008. But, the respondent
has recorded the arrest in the present case only on 26-5-2008. According to
the petitioner, all these were done only because he was absconding in an
earlier crime.
4. Learned Public Prosecutor submitted that the charge is laid in the
present case. In such circumstances, the petitioner is granted bail on the
BA 3662/08 -2-
following terms and conditions: –
1) The petitioner shall be released on bail on his executing a bond
for Rs.25,000/- with two solvent sureties each for the like amount to the
satisfaction of the trial court.
2)The petitioner shall report before the Investigating
Officer between 9 a.m. and 1 p.m. on every Monday until
further orders.
The application is allowed.
K. HEMA,
JUDGE.
mn.