JAGADHEESAN KUTTIKATTUTHODI RAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.36/2006 of Nilambur Excise Range for an offence punishable under Sec.8(1) of the Abkari Act for having been found in possession of 5 liters of illicit arrack on 13.10.2006 and who was arrested on the same day, seeks bail.

(2.) THE learned Public Prosecutor admitted that no charge has been filed against the petitioner within 60 days of detention of the petitioner. If so, by virtue of the proviso to sec.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., Nilambur and subject to the following conditions:-