MOHANAN Vs. KERALA STATE

JUDGEMENT

(1.) IN this Petition filed under Sec.439 Cr.P.C. the petitioner who is the accused in Cr.No.207/06 of Chengannur Excise Range for an offence punishable under Sections 8(1) and 8(2) of the Abkari Act for having been found in possession of 10 litres of arrack on 15.11.2006, seeks his enlargement on bail. He was arrested on 16.11.2006. 2. Even though the learned Public Prosecutor opposed the application, he fairly conceded that no final report has been filed, even after 60 days judicial custody of the petitioner. If so, the petitioner is entitled to bail as of right by virtue of the proviso to section 167(2) Cr.P.C. 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.-II, Chengannur and subject to the following conditions: