BENNY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed under Section 439 of the code of Criminal Procedure. Petitioners are accused Nos. 1 and 2 respectively in Crime No. 143 of 2009 of Enath Police Station registered under Section 8 (1) and (2) of the Abkari Act. The allegation is that they were found in possession of 30 litres of spirit and they were arrested on 1. 4. 2009 and since then they are in judicial custody.

(2.) I have heard the learned Public Prosecutor. Considering the quantity of spirit involved and also the fact that the investigation is almost over, I think bail can be granted in this case.

(3.) ACCORDINGLY this application is allowed subject to the following conditions: