Sreeni. Vs. State of KeralA.

[mr.j.s.khehar, chief .justice ; mr.justice a.s.bopanna, j.j.] this writ petition is filed under articles 226 and 227 of the constitution of india praying to set aside the impugned order dated 2.3.2011 in ia no. 1479/2010 in air (sa) 882/2010 vide annexure-u and allow the same in accordance with the law and direct the drat, chennai to adjudicate the appeal in air (sa) 882/2010 on its merits., and etc.1. in this petition filed under section 439 cr.p.c. the petitioner who is the sole accused in crime no.743 of 2010 of kanjar police station for offences punishable under sections 55(a) & (i) of the abkari act for having been found in possession of 2.25 litres of indian made foreign liquor, seeks his enlargement on bail. the petitioner was arrested on 23/11/2010. 2. i heard the learned counsel for the petitioner and the learned public prosecutor. 3. having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner and the other circumstances of the case etc., i am inclined to grant bail to the petitioner. accordingly, the petitioner is directed to be released on bail with effect from 17/12/2010 on his executing a bond for `35,000/- (rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the judicial magistrate of the first class-i, thodupuzha and subject to the following conditions:- 1. the petitioner shall report before the investigating officer between 9 a.m. and 11 a.m. on all wednesdays. 2. the petitioner shall make him available for interrogation as and when required by the police till the filing of the final report. 3. the petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. the petitioner shall not commit any offence while on bail. if the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. this application is allowed as above.