SABU MON ABDUL KAREEM Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the 2nd accused in Crime No.14/2007 of Thiruvambadi Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly transporting 151 bottles of IMFL in an autorikshaw of which the petitioner was the driver and his father was the registered owner, seeks anticipatory bail. The detection was on 24.1.2005.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) The prosecution has no case that the IMFL bottles belong to the petitioner or that it was the petitioner, who was carrying the contraband liquor. The limited role played by the petitioner is only that of the driver of the autorikshaw. Under these circumstances, I am inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to the investigating officer concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: