BINU SAHADEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed under Section 439 of the code of Criminal Procedure. Petitioner is the accused in Crime no. 38 of 2009 of Kattappana Excise Range alleging that he has committed offence punishable under Section 55 (a) of the abkari Act. The allegation is that he was found transporting 13 litres of Indian made foreign liquor. He was arrested on 18. 4. 2009 and since then he was in judicial custody.

(2.) I have heard the learned Public Prosecutor. Considering the quantity of foreign liquor 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: i) Petitioner shall be released on bail on his executing a bond for Rs. 20000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial Magistrate of the First Class-I, Peermade. ii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses.