SHAJAHAN MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos.1 to 3 in C.R. No.7/07 of Kuttanad Excise Range for offences punishable under Secs.55(a) and 67B of the Abkari Act for allegedly having transported 310 liters of rectified spirit in a Maruti Omni Van on 21.1.2007 and who were arrested on the same day, seek their enlargement on bail.

(2.) Eventhough 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 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 their 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., Ramankari and subject to the following