IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Bail Appl..No. 7336 of 2008() ----------------------------- CMP.6285/2008 of J.M.F.C.,KASARAGOD CRIME NO.396/08 OF KASARAGOD POLICE STATION PETITIONER: ACCUSED --------------------------- HASHIM @ HASHIM CHERKALA, AGED 32 YEARS, S/O. ABDUL KHADER, CHERKALA, CHENGALA POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, (CRIME NO. 396 OF 2008 OF KASARAGOD POLICE STATION), KASARAGOD DISTRICT. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7336 of 2008 ----------------------------------------- Dated this the 3rd December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, petitioner and another were transporting 1400 packets of Karnataka arrack (total quantity is 140 litres). Both the accused ran away from the spot and on enquiry made, it was found that petitioner is first accused. 2. Learned counsel for petitioner submitted that only reference made in the mahazar regarding first accused is that he is one 'Cherkala Hashim'. No other details are given in the mahazar. 'Cherkala' is a name of a place and petitioner was arrested only because he belongs to Cherkala. There are several Hashim in the locality. Petitioner has not committed the offence and he is absolutely innocent of the allegations made. Petitioner's wife had delivered a baby on 28.5.2008 and therefore, he was in the hospital as a bystander to his wife. Petitioner's wife filed an affidavit before the Magistrate Court, which is Annexure-AI. Petitioner was arrested on 13.11.2008 and he is in custody since then. BA.7336/08 2 3. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner, but he made it clear that he is not conceding to the plea of alibi. On hearing both sides, I find that bail can be granted to petitioners on conditions. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- 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 Monday and Thursday between 10 AM and 1 PM until further orders. Iii). Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.