SATHEESH SREEDHARAN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioner who is the 2nd accused in Crime No.579/06 of Vadakkancherry Police Station for an offence punishable under section 55(a) of the Abkari act for allegedly facilitating transportation of 11800 litres of spirit on 5.12.2006 and who was arrested on 5.12.2006, seeks his enlargement on bail.

(2.) Even though the learned Public Prosecutor opposed the application, he fairly conceded that final report has not been filed in the case even after 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.

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