Petition filed under Section 438 Cr.P.C. 2. According to the petitioner, he is apprehending arrest in connection with Crime No.248 of 2014 of Adoor Excise Range.
3. The Crime has been registered in connection with the seizure of 9,768 litres of spirit, which was kept in a shop room at the side of the M.C.Road at a place called Enathu. According to the petitioner, he is running a hollow-bricks unit and he had purchased some cement from one Mr.Manoj. The said Manoj is the 3rd accused in the crime.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the petitioner is a suspect in the crime and the investigation of this case is only going on. A valid notice has been issued BA No.7808/2014 : 2 :
to the petitioner for the purpose of his presence for interrogation. It seems that he has not turned up. Presently, it cannot be said that the petitioner is an accused in the case. Therefore, the apprehension forwarded by the petitioner is not reasonable. Over and above it, it has been reported that the petitioner was involved in two other Abkari cases in which huge quantity of spirit was transported. Considering all the above, I am of the view that the petitioner is not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/28/11 // True Copy // P.A. To Judge