MATHEW ALIAS MUTHU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in C.R. No.239/2006 of Mavelikkara Excise Range for an offence punishable under Sec.55(a) of the Abkari Act for allegedly having been found in possession of 20 litres of spirit on 20.11.2006 and who was also arrested on the same day, seeks his enlargement on bail.

(2.) Even though the learned Public Prosecutor opposed the application, he fairly conceded that no final report has been filed even after 60 days of detention 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. 35,000/- (Rupees thirtyfive thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Mavelikkara, and subject to the following conditions:-