S SHYJU ALIAS CHUZHALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the accused in Crime No.450 of 2006 of Neyyattinkara Police Station for offences punishable under Section 8 (1) and (2) of Abkari Act for allegedly having been found in possession of 1190 litres of spirit on 9.6.2006, seeks his enlargement on bail. He was arrested on 3.11.2006 and remanded to the judicial custody on 4.11.2006.

(2.) Even though the learned Public Prosecutor opposed the application, he fairly conceded that no final report has been submitted 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 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.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.- I, Neyattinkara and subject to the following conditions:-