MOHANAKURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the second accused in Cr.No.25/06 of Mallappally Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 8 liters of arrack on 16.9.2006 and who was arrested on 8.10.2006, seeks bail.

(2.) LEARNED Public Prosecutor admitted that no charge sheet has been filed even after 60 days of detention of the petitioner in judicial custody. If so, by virtue of the proviso to section 167(1) 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.-I, Thiruvalla and subject to the following conditions: