RADHAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner, a lady, who is the accused in C.R.No.193/06 of Kottarakkara Excise Range for offences punishable under Sections 8(1) and 8(2) of the Abkari Act for having been found in possession of 20 liters of arrack on 17.10.2006, seeks her enlargement on bail. The petitioner was arrested on the same day.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. Learned Public Prosecutor admitted that no final report has been laid 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.

(3.) Accordingly, the petitioner is directed to be released on bail on her 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, Kottarakkara and subject to the following conditions: