High Court Kerala High Court

Siddique @ Kotta Siddique vs The Inspector Of Excise on 4 December, 2008

Kerala High Court
Siddique @ Kotta Siddique vs The Inspector Of Excise on 4 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7219 of 2008()


1. SIDDIQUE @ KOTTA SIDDIQUE,
                      ...  Petitioner

                        Vs



1. THE INSPECTOR OF EXCISE,
                       ...       Respondent

2. STATE REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :04/12/2008

 O R D E R
                             K.HEMA, J.
                  ---------------------------------------------
                         B.A.No.7219 of 2008
                  ---------------------------------------------
                 Dated this the 4th December, 2008


                                O R D E R

This petition is for bail.

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

Act. According to prosecution, on getting information, the

Excise Party went to the place of occurrence and found A1 on the

northern side of the house in possession of 240 litres of spirit

and 60 litres of arrack in a packing machine. A1 was arrested

from the spot and on investigation, it is revealed that the said

article was supplied by the petitioner, who is accused no.2.

Their house belongs to A3.

3. Petitioner was arrested on 8.10.2008 and he is in

custody for the past 57 days. The investigation is not completed.

Learned public prosecutor submitted that he has no objection in

granting bail, but, stringent conditions may be imposed.

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

granted on stringent conditions.

Hence, bail is granted to the petitioner on the following

terms and conditions:

BA No.7219/2008 2

(i) Petitioner shall execute a bond for Rs.50,000/- with

two solvent sureties each for the like sum to the

satisfaction of the Magistrate Court concerned.

(ii) Petitioner shall report before the Investigating Officer

on every alternate day between 10 a.m. to 1 p.m. until

further orders.

(iii) Petitioner shall not influence or intimidate any

witness or tamper with evidence or commit any

offence while on bail and in case of breach of this

condition, bail is liable to be cancelled.

The petition is allowed.

K.HEMA, JUDGE

csl