SARATH SASI Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioners who are accused Nos.2 and 1 respectively in Crime No.679/2006 of Kasaragod Police Station for an offence punishable under Sec.8(2) of the Abkari Act for allegedly having been found in joint possession of 1000 liters of spirit in 30 jerry cans on 4.10.2006 and were arrested on the same day, seek their enlargement on bail.

(2.) The learned Public Prosecutor admitted that no charge sheet has been filed even after the lapse of 60 days' detention of the petitioner. If so, by virtue of the proviso to sec.167(1) Cr.P.C., the petitioners are entitled to be released on bail as of right.

(3.) Accordingly, the petitioners are directed to be released on bail on their executing a bond for Rs. 20,000/- (Rupees twenty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-I, Kasaragod, and subject to the following conditions:-