SUGATHAN GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in C.R. No.225/2006 of KottarakkaraExcise Range for an offence punishable under Sec,8(1) and 8(2) of the AbkariAct for allegedly having been found in possession of 3 litres of illicit arrack on 17.12.2006 and who was also arrested on the same day, seeks his enlargement on bail.

(2.) The learned Public Prosecutor admitted 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 sec.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. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.- I, Kottarakkara, and subject to the following conditions:-