UNNIKRISHNAN NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No.28/2006 of Thrithala Excise Range for offences punishable under Secs.8(1) and 8(2) of the Abkari Act seeks his bail. He was arrested on 7.10.2006 for allegedly having been found in possession of 3 litres of illicit arrack.

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

(3.) 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., Pattambi and subject to the following conditions:-