IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2057 of 2008()
1. THANKACHAN, S/O.THOMAS, AGED 41 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :30/05/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2057 of 2008
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Dated this the 30th day of May, 2008
O R D E R
The petitioner is the accused in a crime registered alleging
offences punishable, inter alia, under the Kerala Abkari Act. He
was allegedly found to be in possession of 25 x 375 ml. + 750
ml. of IMFL/wine. The petitioner was arrested on 7.5.2008. He
was granted bail by the learned Sessions Judge as per Annex.A1
order, subject to conditions. The conditions include a condition
that the petitioner must make cash deposit of an amount of
Rs.25,000/- by 24.5.2008 in addition to execute a bond for
Rs.50,000/- with two solvent sureties each for the like sum. The
petitioner is a driver by profession. The contraband article was
allegedly being transported in his autorikshaw.
2. According to the petitioner he is absolutely innocent.
Though the order was passed on 20.5.2008, the onerous
condition imposed that he must make a cash deposit of
Res.25,000/- is working to his prejudice. He has not been able
Crl.M.C.No. 2057 of 2008
2
to raise the amount so far and consequently he languishes in the prison
despite the order passed. It is pointed out that though later an
application was filed for modification of the condition, the said prayer
was rejected. In these circumstances the petitioner has come before
this Court with a prayer that the said condition may be deleted.
3. The learned counsel for the petitioner prays, the learned
Prosecutor does not raise any serious objection and I am satisfied, in
the facts and circumstances of this case, that the said condition
regarding cash deposit of Rs.25,000/- can be deleted.
4. This Crl.M.C. is allowed. The said condition is deleted. All
other conditions shall remain in force.
5. Hand over the order.
(R. BASANT)
Judge
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