JINIL VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused Nos. 1 and 2 in C.R. No. 48/06 of Excise Range, Chirayinkeezhu for an offence punishable under Sec. 55(g) of the Abkari Act for allegedly transporting 3399 liters of spirit on 18-10-2006 and who were arrested on the same day, seek their enlargement on bail.

(2.) It is admitted by the learned Public Prosecutor that no final report has been filed even after 60 days of detention of the petitioners. If so, the petitioners are entitled to bail as of right under the proviso to Sec. 167 (1) Cr.P.C. Accordingly, the petitioners are directed to be released on bail on each of them 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, Attingal and subject to the following conditions:

(3.) If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.