CHANDRA BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the accused in C.R.No.212 of 2006 of Karunagappally Excise Range for offences punishable under Section 8 (1) and (2) of Abkari Act for allegedly having been found in possession of 30 litres of arrack on 6.11.2006 and who was arrested on the same day, seeks his enlargement on bail.

(2.) Even though the learned Public Prosecutor opposed the application, it is seen that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, the petitioner is entitled to bail as of right by virtue of the proviso to Section 167(2) Cr.P.C.

(3.) 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., Karunagappally and subject to the following conditions: