Petitioner who is the sole accused in C.R. No.294/2006 of Kumbla Police Station for an offence punishable under Secs.8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 240 litres of Karnataka arrack in 2400 packets on 19.10.2006 and who was also arrested on the same day, seeks his enlargement on bail.

2. The learned Public Prosecutor on instructions submitted that no final report has 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.-I, Kasaragod and subject to the following conditions:-

1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

2. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

3. The petitioner shall make himself available for interroga