AJAYAN JANARDANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos.1 and 2 in Crime No.501/2006 of Kallambalam Police Station for offences punishable under Sections143, 147, 148, 427, 324, 326 and 307 read with section 149 I.P.C. and Section 27 of the Arms Act and Section 5 of the Explosive Substances Act, 1908, seek their enlargement on bail. They were arrested on 7.12.2006.

(2.) I heard the learned counsel for the petitioners and the learned Public Prosecutor.

(3.) Eventhough the learned Public Prosecutor opposed the application submitting, inter alia, that the petitioners are not goondas at their locality. It is early to consider that the final report has not 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.