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P.BHARATHAN, S/O. KRISHNAN v. STATE OF KERALA, REPRESENTING - Bail Appl No. 5269 of 2006  RD-KL 672 (1 September 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 5269 of 2006()
1. P.BHARATHAN, S/O. KRISHNAN,
1. STATE OF KERALA, REPRESENTING
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
O R D E R
J.M.JAMES, J.B.A. 5269/2006
DATED THIS THE 1ST DAY OF SEPTEMBER, 2006
O R D E RThe petitioner surrendered before the Court below on 8.8.2006, as he was accused of the offence punishable under Section 58 of the Abkari Act, in C.R.No.5/2004 of Excise Range, Kuthuparamba.
2. The allegation is that on 15.3.2004, the petitioner, along with accused Nos.1 and 3, was transporting twenty bottles of rum, each bottle containing 375 ml., ten bottles of brandy of the same denomination and twenty bottles of rum of 180 ml each, thus totaling 14.85 liters of Indian made foreign liquor, in an auto rickshaw. Seeing the Excise party, the petitioner escaped. However, accused Nos.1 and 3 were arrested and they were released on bail by the Court below. The petitioner, the second accused, remains in judicial custody. Hence this application, under Section 439 Cr.P.C.
3. After hearing both sides and considering the
facts on record, including the fact that the matter is
pending as C.P.No. 54/2006, I grant bail and
petitioner from jail, subject to the following conditions:-
(a). The petitioner shall execute a bond for Rs.25,000/-, with two solvent sureties, each for the like sum, to the satisfaction of the Additional Chief Judicial Magistrate Court, Thalassery.
(b). The petitioner shall report before the Investigating Officer, once in a week, on every Friday, between 10.00 a.m and 11.00 a.m., for a period of two months, starting from 8.9.2006.
(c). The petitioner shall not leave the Sessions Division of Kannur, till the final trial and disposal of the case. The application is allowed as above. J.M.JAMES
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