IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4372 of 2010() ----------------------------- CRIME NO.115/2009 OF PERUVANNAMUZHI POLICE STATION, KOZHIKODE DIST. (S): PETITIONER/ACCUSED -------------------------------------- SHAN, AGED 26 YEARS, SON OF VARGHESE, KALAPARAMBIL HOUSE, CHAKKITTAPARA, KOZHIKODE DISTRICT. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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