LAWS(KER)-2006-12-49

ANILKUMAR ALIAS KANNAN Vs. STATE OF KERALA

Decided On December 26, 2006
ANILKUMAR ALIAS KANNAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER who is the second accused in C.R.No.74/06 of Chadayamangalam Excise Range for offences punishable under sections 55(a) and sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in joint possession of 957 liters of spirit on 15.8.2006 and who was arrested on 26.10.2006, seeks his enlargement on bail.

(2.) LEARNED Public Prosecutor on instructions admitted that no final report has been filed within 60 days of detention of the petitioner. If so, by virtue of the proviso to section 167(2) Cr.P.C., the petitioner is entitled to bail as of right. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs.20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-II, Kottarakkara and subject to the following conditions: