~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the second accused in Crime No.434/2014 of Marayoor Police Station registered for the offences punishable under Sections 55(a) and 55(i) of the Abkari Act.
3. On 14.08.2014 at 8.45 p.m., the 1st accused was found in possession of 30 litres of IMFL in KDH Village. When the 1st accused was questioned, it has come out that so much quantity of IMFL was given to him by the petitioner who was then working in the outlet of the Beverages Corporation at Kovilkadavu on payment of an excess amount of ₹2,000/-.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. It seems that the petitioner has been placed under suspension by the Managing Director of the Beverages Corporation on the ground that he has become an accused in an Abkari case like this. The learned counsel for the petitioner has argued that there is no evidence to show that, that much quantity of IMFL was sold from the outlet of the Beverages Corporation where the petitioner was working. It is also argued that the name of the petitioner is not Baby whereas, another person named Baby was working during the particular period at the said outlet. These are matters which are to be enquired. The investigation of this case is not over. When there is such a serious allegation against the petitioner and it is substantiated the fact that such a quantity of IMFL sold from the Beverages Corporation was found in the possession of the 1st accused, I am of the view that this is not a fit case wherein anticipatory bail can be granted. At the same time, considering the submissions made by the learned counsel for the petitioner, I am satisfied that an opportunity can be given to the petitioner to surrender before the investigating officer and to co-operate with the investigation.
In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery, if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/21/11