VINOD Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) PETITIONER who is the accused in C.R.No.45/06 of Pathanamthitta Excise Range for an offence punishable under sections 55(a) of the Abkari Act for allegedly having been found in possession of 64 liters of spirit on 23.10.2006 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 within 60 days of detention of the petitioner. 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.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, Pathanamthitta and subject to the following conditions: