VINOD Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos.2 and 3 in Crime No.383/2010 of Maranalloor Police Station for an offence punishable under Sec.8 (1) 8(2) of the Abkari Act for having been found in possession of 10 liters of arrack, seek their enlargement on bail. Petitioners were arrested on 8.8.2010.

(2.) The learned Public Prosecutor opposed the application contenting inter-alia that the 2nd accused ie; 1st petitioner is involved in another abkari case. If so, I am not satisfied that both the grounds enumerated under Section 41 (A) 1 (b)(ii) of the Abkari Act are present in this case so as to release the 1st petitioner on bail, since he is involved in another case. In the case of the 2nd petitioner, I am inclined to grant him bail with effect from a future date.

(3.) Having regard to the nature of the offences, the duration of judicial custody of the 2nd petitioner and the other circumstances of the case etc., I am inclined to grant bail to the 2nd petitioner. Accordingly, the 2nd petitioner is directed to be released on bail with effect from 20.9.2010 on his executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M. Court, Kattakada and subject to the following conditions: