GIREESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the 13th accused in Crime No.134/06 of Sooranad Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly facilitating the transportation of 12740 litres of spirit on 12.5.2006 and who was arrested on 29.11.2006, seeks his enlargement on bail.

(2.) EVEN though the learned Public Prosecutor opposed the application, he fairly conceded that no final report has been filed even after 60 days of judicial custody 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.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Sasthamcotta and subject to the following conditions: