RAMESAN GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The common petitioner in these applications for regular bail is the second accused in C.R.No.61/06 of Chengannur Excise Range for an offence punishable under section 8(2) of the Abkari Act for allegedly having been found in possession of 10 litres of illicit arrack on 14.5.2006, the accused in C.R.No.29/06 of the very same Excise Range for the same offence for allegedly having been found in possession of 8 litres of arrack on 19.3.2006 and the accused in C.R.No.80/05 of the same Excise Range for the very same offence for allegedly having been found in possession of 750 ml. of illicit arrack on 16.8.2005. He was arrested on 23.1.2007 in connection with C.R.No.61/06.

(2.) Eventhough the learned Public Prosecutor opposed the applications, he fairly conceded that no final report has been filed even after 60 days of judicial custody of the petitioner in all these cases. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right.

(3.) Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs.20,000/- (Rupees twenty thousand only) in each case with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-II, Chengannur and subject to the following conditions: