Saiju Shaheed vs The State Of Kerala on 9 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 39 of 2008()


1. SAIJU SHAHEED, S/O.ABDUL HAMEED, AGED
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.A.C.DEVY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :09/01/2008

 O R D E R
                            R. BASANT, J.
              ````````````````````````````````````````````````````
                         B.A. No. 39 OF 2008
              ````````````````````````````````````````````````````
              Dated this the 9th day of January, 2008

                                O R D E R

Application for regular bail. Petitioner is the 6th

accused. 8,155 litres of spirit was allegedly seized from the

premises of the 2nd accused. The petitioner, a relative of the

2nd accused, happened to be present in the house of the 2nd

accused when the consignment was unloaded in the house of

the 2nd accused on an earlier date. His help and service were

requested by the 2nd accused and the petitioner, fully

conscious of the fact that the article that was being unloaded

was contraband spirit, helped in the unloading of the liquor

cans. This is the allegation against the petitioner.

2. Asked pointedly to explain the complicity of the

petitioner, the learned Public Prosecutor submits that the

investigation has revealed that the petitioner happened to be

present in the house of A2 and at the request of A2, had

helped in the unloading of the contraband articles in the

house of A2. The petitioner has been continuing in custody

BA.39/08
: 2 :

from 20.2.07. Considering the nature and gravity of the

offence levelled against him, I am satisfied that the petitioner

does not deserve to be detained in custody any longer. I am

satisfied that regular bail can be granted to the petitioner

subject to appropriate conditions.

3. In the result, this petition is allowed. The petitioner

shall be enlarged on bail on the following terms and

conditions:

i) He shall execute a bond for Rs.1,00,000/- (Rupees

one lakh 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 between 10 a.m

and 12 noon on all Mondays and Fridays for a period of three

months and thereafter as and when directed by the

investigating officer in writing to do so.

(R.BASANT, JUDGE)
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