IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 2115 of 2008() ----------------------------- C.R.NO.7/07 OF KODUNGALLOOR EXCISE RANGE PETITIONER : 3RD ACCUSED ---------------------------- K.M.RASHEED, S/O.MUHAMMED KAKKENGAL HOUSE, PAPPINIPPARA, MANJERI (P.O) NOW RESIDES AT PANDIYAD, KARAKUNNU (P.O) MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: COMPLAINANT AS STATE: ---------------------------------- 1. THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA COCHIN-682031. 2. THE EXCISE INSPECTOR KODUNGALLOOR RANGE, KODUNGALLOOR (P.O) THRISSUR (DIST.) 3. THE ASST. EXCISE COMMISSIONER THRISSUR. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2115 of 2008 ------------------------------------- Dated this the 2nd day of April, 2008 ORDER Application for regular bail. Petitioner is the 3rd accused. Altogether there are 3 accused persons. The 1st and 2nd accused have already been arrested and enlarged on bail. The crux of the allegations is that 16.5 litres of Indian Made Foreign Liquor were transported by accused 1 and 2 in a vehicle which allegedly belongs to the petitioner, the 3rd accused. The petitioner had come to this Court for anticipatory bail. Consequent to dismissal of that application for anticipatory bail, the petitioner surrendered before the learned Magistrate on 25.02.08. He continues in custody from that date, his application for regular bail having been dismissed by the learned Magistrate. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He was not the owner of the vehicle on the relevant date. Long earlier he had transferred the vehicle to some other. He is being vexed and harassed now. He may be granted regular bail, it is submitted. B.A.No.2115 of 2008 2 3. The learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand 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 as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-