SURESH M V Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.17 of 2009 of Thiruvalla Excise Range alleging commission of offences punishable under Sections 55(a) and 55(8) of the Kerala Abkari Act. The allegation is that he was found transporting 150 litres of illicit liquor in an autorickshaw driven by the second accused. He was arrested on 31.3.2009 and since then he is in judicial custody.

(2.) I have heard the learned Public Prosecutor. Considering the nature of the allegations and the progress of the investigation, I think bail can be granted to the petitioner.

(3.) Accordingly this application is allowed subject to the following conditions: i) Petitioner shall be released on bail on his executing a bond for Rs.30000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial Magistrate of I Cass, Thiruvalla. ii) Petitioner shall report before the investigating officer once in a week on all Mondays between 10 a.m. and 11a.m. till the final report is laid. iii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses.