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P.K. ABDUL KHADER @ KHADER v. STATE OF KERALA - Bail Appl No. 4356 of 2007  RD-KL 12873 (12 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 4356 of 2007()
1. P.K. ABDUL KHADER @ KHADER,
1. STATE OF KERALA,
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, J.B.A.No.4356 of 2007
Dated this the 12th day of July 2007
O R D E RApplication for regular bail. The petitioner is the second accused in a prosecution under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 3060 litres of spirit. Investigation is over. Final report has been filed. Cognizance has been taken. The case has been committed to the court of Session. The court of Session had issued summons to the petitioner. The petitioner was enlarged on bail at the stage of investigation. On receipt of process from the Sessions Court, the petitioner entered appearance through counsel. He kept on applying to excuse his absence. Request was allowed thrice. Thereafter, the petition was dismissed and a non-bailable warrant was issued. The petitioner apprehended and was remanded. He continues in custody now from 05/07/2007, his application for bail having been dismissed by the learned Sessions Judge.
2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not raise any serious objection on B.A.No.4356/07 2 condition that appropriate safeguards may be taken to ensure the presence of the petitioner and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate conditions.
3. In the result, this petition is allowed. The petitioner
shall be released on bail on the following terms
i) He shall execute a bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Sessions Judge. ii) The petitioner shall not leave the State of Kerala until further orders without the prior permission of the learned Sessions Judge. iii) The petitioner shall, until the case against him is disposed of, report to the S.H.O, Adhur police station, Kasargod between 5 p.m and 6 p.m on the first Sundays of all English calender months. Hand over copy of this order to the learned counsel for the petitioner.
(R.BASANT, JUDGE)jsr // True Copy// PA to Judge B.A.No.4356/07 3 B.A.No.4356/07 4
ORDER21ST DAY OF MAY2007
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