KUNJAN ALIAS KUKNCHERUKKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the accused in C.R. No.36/2006 of Perumbavoor Excise Range for offences punishable under Secs.55(a) and 55(i) of the Abkari Act for allegedly having been found in possession of 3.5 liters of IMFL on 9.12.2006 and who was arrested on 18.12.2006, seeks his enlargement on bail.

(2.) The learned Public Prosecutor forcely admitted that no final report has been filed in this case even after 60 days of judicial custody 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. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Perumbavoor and subject to the following conditions: