BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a petition for regular bail.

(2.) THE petitioner is the accused in Crime No. 14/2009 of karimanal Police Station alleging commission of offence punishable under section 55 (a) read with section 11 of the Kerala abkari Act. The case is that the petitioner was allegedly transporting 90 litres of toddy on 9/4/2009. He was arrested on 8. 4. 2009 and remanded on 9. 4. 2009 and since then, he is in judicial custody.

(3.) I have heard the counsel for the petitioner and the learned Public Prosecutor. The counsel for the petitioner submitted that the petitioner was holding a valid transport licence issued by the competent authorities but the same had expired on 31. 3. 2009. For renewing the said licence, prompt and proper application was submitted but the same could not be get renewed on account of the ongoing election proceedings. It was in the meanwhile that the alleged incident occurred. Considering the totality of the circumstances, I think the petitioner can be enlarged on bail with conditions.