BIBU PETER Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the 1st accused in Crime No.162/06 of Chittarikkal Police Station for offences punishable under Sections 8(1) and 8(2) of the Abkari Act for having been found in possession of 30 litres of illicit arrack on 23.12.2006, seeks his enlargement on bail. He was arrested on the same day.

(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 of the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner with effect from 12.2.2007. Accordingly, the petitioner is directed to be released on bail with effect from 12.2.2007 on his executing a bond for Rs.20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-II, Hosdurg and subject to the following conditions: 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. B.A.NO.511/07 Page numbers 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above.