Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.112 of 2014 of Balussery Excise Range, registered for the offences punishable under Section 55(i) of the Abkari Act.
3. The allegation against the petitioner is that on 10.10.2014 at 12.30 p.m., he was found selling Indian Made Foreign Liquor, and on seeing the Excise party, he ran away from the spot after leaving the contraband. It is alleged that a quantity of 850 ML of Indian Made Foreign Liquor, a glass tumbler and a plastic bottle were seized from the spot where the petitioner was allegedly standing.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. This is an application seeking anticipatory bail in an Abkari offence, which cannot normally be entertained. The contents of the CD prima facie reveal the complicity of the petitioner. According to the petitioner, he was unnecessarily implicated in the case at the instance of a neighbour, who is in inimical terms with him. This matter cannot be considered at present while dealing with the question under Section 438 Cr.P.C. Considering the facts and circumstances of this case, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioner.
6. The learned counsel for the petitioner seeks for an opportunity 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.
DSV/28/11 Sd/-
B.KEMAL PASHA, JUDGE // True Copy // P.A. To Judge