DHILEEP RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are the accused in C.R. No.63/2006 of Vatakara Excise Range for an offence punishable under Section 55(a) of the Abkari Act read with rule 9 of the Foreign Liquor Rules for allegedly having been found in joint possession of 220.650 liters of IMFL in 393 bottles on 9.12.2006 and who were arrested on the same day, seek their enlargement on bail.

(2.) I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor, on instructions, submitted that no final report has been filed even after 60 days of detention of the petitioners. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioners are entitled to be released on bail as of right.

(3.) Accordingly, the petitioners are directed to be released on bail on each of them 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., Vatakara and subject to the following conditions: BA.561/07