This is an application filed by the accused in Crime No.465 of 2014 of Bedakam Police Station for regular bail under Section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that on 04.09.2014 at about 10.45 a.m. the accused was found to be in possession of 14 bottles of 375 ml. each of Indian Made Foreign Liquor in the Oil Mill name and styled as “Lakshmi Rice Flour” at Kundamkuzhi in Bedakam Village for the purpose of sale in violation of provisions of the Abkari Act and thereby he had committed the offence punishable under Section 55(i) of the Abkari Act.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. Even if the entire allegations are accepted no offence under Section 55(i) of the Abkari Act is attracted. Further, he is in jail from 04.09.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation is still in progress and also he is an accused in another case.
B.A.No.6840 of 2014 2
5. Heard both sides and perused the records.
6. It is seen from the records that the petitioner was arrested by the Bedakam Police on 04.09.2014 at about 10.45 a.m. along with 14 bottles of 375 ml. each of Indian Made Foreign Liquor from the flour mill mentioned above and he is in jail from that day onwards. He has no documents in his possession to account the possession for the same. Further, it is seen from the report of the investigating officer that the petitioner is an accused in Crime No.31 of 2013 under Section 55(a) of the Abkari Act of Badiyadaka Excise Range and while, he was in bail in that case, he had committed this crime. So under the circumstances, he cannot be said that he will not to commit similar offence to overcome the restrictions mentioned in Section 41A of the Abkari Act at this stage. So considering the conduct of the petitioner, this court feels that it is not a fit case to grant bail to the petitioner at this stage and the application is liable to be rejected.
In the result, this application is rejected.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge