SUDHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is accused No. 5 in Crime No. 5 of 2010 of Kothamangalam Excise Range, for an offence punishable under Section 21(C) of the N.D.P.S. Act, 1985, seeks his enlargement on bail.

(2.) The learned Public Prosecutor on instructions submitted that no final report has been filed even after 60 days of judicial custody of the Petitioner. If so, by virtue of the proviso to Section 167(2) Code of Criminal Procedure the Petitioner is entitled to be released on bail as of right.

(3.) Accordingly, the Petitioner is directed to be released on bail on his executing a bond for 50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: