This is an application filed by the petitioner, who is the accused in Crime No.25/2014 of Bandadka Excise Range, for regular bail under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nut shell was that, on 17.08.2014 at about 7.00 a.m., the petitioner/accused found to be in possession of 20 liters of wash found transiting the same at Bethalam desom in Bandadka Village of Kasaragod Taluk and thereby he had committed the offence punishable under Section 55(g) of Abkari Act.
3. The counsel for the petitioner submitted that, the petitioner has not committed any offence. According to the prosecution, she was not arrested, for the non-availability of woman police officer and being a law abiding citizen, she surrendered before the court on 20.09.2014 and she is in jail from that day onwards. Her custody is not required any more in connection with the investigation. So he prayed for allowing the application.
4. On the other hand, the application was opposed by the Public Prosecutor on the ground that, investigation is still in progress and she is accused in another case as well.
5. Heard both sides and I have gone through the case diary files.
6. It is seen from the case diary files that, the excise officials have registered the above crime, when they found the petitioner transiting 20 liters of wash/ material intended for the manufacture of arrack on 17.08.2014 and after completing the formalities of seizing the article, they registered the crime under Section 55(g) of Abkari Act as Crime No.25/2014 of Bandadka Excise Range against the petitioner. Since there is no woman police constable at that time, they did not arrest her. It is seen from the files that she surrendered before the court on 20.09.2014 and she was remanded to custody. It is seen from the case diary files that she was accused in Crime No.41/2011 of same excise range, alleging offence under Section 8(1) read with Section 8(2) of Abkari Act. So there is some force in the submission made by the learned Public Prosecutor that, it cannot be at this stage said that, she will not involve in any other crimes. So considering the conduct of the petitioner and also the gravity of the offence, this court feels that it is not a fit case to grant bail to the petitioner at this stage and the petition is liable to be dismissed.
In the result, the petition is dismissed.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss