K MADHU Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in CR.No.54/2010 of Hosdurg Excise Range for offences punishable under Secs. 8(1) and (2) of the Abkari Act for having been found in possession of 10 litres of arrack, seeks his enlargement on bail. Petitioner was arrested on 08.10.2010.

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

(3.) Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail w.e.f. 20.11.2010 on his executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: -