Rashid v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Bail Appl..No. 2931 of 2015 () ------------------------------- CRIME NO.53/2015 OF VADANAPALLI EXCISE RANGE, THRISSUR DISTRICT ------------------------- PETITIONER(S)/ACCUSED 1 TO 3:

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1. RASHID, AGED 24 YEARS,S/O KABEER, PULLANIPPURAM VEETTIL, KOTTAPPURAM DESOM, PONMALA VILLAGE, THIROOR TALUK.

2. ASHRAFALI,AGED 30 YEARS, S/O AHAMMAD, PAROLI VEETTIL, PANGCHONDI DESOM, KURUVA VILLAGE, PERINTHALMANNA TALUK.

3. RUVAISE, AGED 29 YEARS,S/O SAITHALAVI, NERIPPATTA VEETTIL, ERUMATHADAM DESOM, KOLATHOOR VILLAGE, PERINTHALMANNA TALUK.

BY SRI.P.VIJAYA BHANU,SENIOR ADVOCATE ADVS. SRI.VIPIN NARAYAN SRI.P.D.BABY JOHN RESPONDENT/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2931 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioners have allegedly committed the offence under Sections 58 of the Abkari Act.

3.

The prosecution case is that they were found transporting of 90 liters of Indian Made Foreign Liquor without any permit or other authority.

4.

Heard.

5.

The petitioners have been in custody since 25.04.2015. Their further detention is not necessary for completion of the investigation.

In the result, this application is allowed.

1.

The petitioners will be released on bail on their executing a bond for Rs.25,000/- (Twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.

They shall appear before the investigating officer between 11 a.m and 12 noon on all the 2nd and 4th Tuesdays for three months, or till the final report is filed, whichever is earlier.

B.A. No.2931 of 2015 3.

They shall not threaten or attempt to influence the witnesses, nor shall they, while on bail, get themselves involved in any criminal case; nor shall they destroy or attempt to destroy the evidence or interfere with the investigation.

If the petitioners violate any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge