GIREESH M Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the first accused in C.R. No. 30/2006 of Mallappally Excise Range for offences punishable under Sec.8(1) & 8(2) of the Abkari Act for having been found in possession of 30 liters of spirit in the vicinity of the toddy shop of which the 2nd accused is the licensee, seeks his enlargement on bail. The petitioner was arrested on 4-11-2006.

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

(3.) Having regard to the fact that the petitioner was only an employee in the toddy shop and that the spirit was not recovered from the toddy shop but from a pit from the adjacent compound and that the licensee of the toddy shop (2nd accused) is absconding and further that the petitioner has been in judicial custody since 4-11- 2006, I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 18-12- 2006 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 J.F.C.M - Thiruvalla, and subject to the following conditions: