VIJAYAKUMAR JOHN WILLIAM Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS who are accused 1 and 2 in Crime No.108/06 of Pathanapuram Excise Range for an offence punishable under section 55(a) of the Abkari Act for allegedly transporting 5445 litres of spirit on 22.11.2006 and who were arrested on the same day, seek their enlargement on bail.

(2.) EVEN though the learned Public Prosecutor opposed the application, he fairly conceded that no final report has been filed even after 60 days of judicial custody of the petitioners. If so, by virtue of the proviso to section 167(2) Cr.P.C., the petitioners are entitled to bail as of right. Accordingly, the petitioners are directed to be released on bail on each of them 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.-III, Punalur and subject to the following conditions: