RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the 1st accused in C.R. No.54/07 of Chengannur Excise Range for offences punishable under Secs.8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 26.1 litres of illicit arrack on 31.3.07 and who was arrested on the same day, seeks his enlargement on bail.

(2.) Eventhough the learned Public Prosecutor opposed the application submitting, inter alia, that the petitioner is involving in other similar crimes, he fairly conceded that final report has not been filed 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.-II, Chengannur and subject to the following conditions: