High Court Kerala High Court

Shan vs State Of Kerala on 22 July, 2010

Kerala High Court
Shan vs State Of Kerala on 22 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4372 of 2010()


1. SHAN, AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.SANTHARAM.P

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :22/07/2010

 O R D E R
                             K.HEMA, J.
           ----------------------------------------------
               Bail Application No.4372 of 2010
           ----------------------------------------------
                      Dated 22nd July, 2010.

                              O R D E R

This petition is for bail.

2. The alleged offences are under Sections 55(a) and (i)

of the Kerala Abkari Act. According to prosecution, on 20.8.2009,

petitioner (A2) along with first accused were found transporting

15 bottles of Indian Made Foreign Liquor, containing a total

quantity of 5.625 litres. Petitioner was driving the autorikshaw.

The first accused was arrested from the spot and petitioner

escaped.

3. Petitioner surrendered before the Magistrate Court

on 8.7.2010 and he is in custody for the past 14 days. Learned

counsel for petitioner submitted that first accused is already

granted bail. Petitioner was only driving the autorikshaw. He is

not involved in the offence.

4. Learned Public Prosecutor submitted that petitioner

has no criminal antecedence and hence, he has no objection in

granting bail, especially since the co-accused is granted bail. On

hearing both sides, I am satisfied that bail can be granted to

BA NO. 4372/10 2

petitioner on conditions. Hence, the following order is passed :

Petitioner shall be released on bail on his executing a

bond for Rs.25,000/- (Rupees twenty five thousand

only) with two solvent sureties each for the like sum to

the satisfaction of the court concerned, on the

following conditions :

(i) Petitioner shall report before the Investigating

Officer on every Monday and Thursday

between 10 a.m. and 1 p.m. until further

orders.

(ii) In case the petitioner is involved in any

offence of similar nature, his bail is liable to

be cancelled.

Petition is allowed.

K.HEMA, JUDGE.

tgs