Full Judgment
1. In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.9 of 2011 of Noornadu Excise Range for an offence punishable under Section 8(1) & (2) of the Abkari Act for having been found in possession of 2 litres of arrack, seeks his enlargement on bail. Petitioner was arrested on 02/02/2011.
2. I heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Having regard to the nature of the offence, 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 14/03/2011 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-II, Mavelikara and subject to the following conditions:-
1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report.
2. The petitioner shall make himself 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.
4. This application is allowed as above. Dated this the 7th day of March, 2011.