P T Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 4th accused in C.R. No.85/2006 of Kayamkulam Excise Range for an offence punishable under Sec.55(a) of the Abkari Act for allegedly having procured 10635 litres of rectified spirit on 16.7.2003, seeks his enlargement on bail. The petitioner surrendered before the Magistrate on 20.11.2006 and was remanded to judicial custody where he continues.

(2.) The learned Public Prosecutor on instructions submitted that no final report has been filed even after 60 days of detention of the petitioner in judicial custody. 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 Haripad, and subject to the following conditions:-