SUJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the accused in Crime No.68/06 of Sasthamcotta Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 5 liters of arrack and 140 liters of wash on 27.10.2006 and who was arrested on the same day, seeks his enlargement on bail.

(2.) LEARNED Public Prosecutor on instructions admitted that no final report 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(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.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.,Sasthamcotta and subject to the following conditions: