Petitioner is the second accused in Crime No.576 of 2014 of the Puthencruze Police Station for the offence punishable under Section 55(a) and (i) of the Kerala Abkari Act, for alleged possession of 6 liters of IMFL for sale, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that the contraband was seized from house of the petitioner on 01.05.2014 at at about 08.30 p.m., the first accused was arrested.
3. Learned counsel submits that allegations are not true. It is submitted that the petitioner is not staying in the house in question which is situated on the side of the road and even as per the Mahazar, it is unenclosed. According to the learned counsel, false implication cannot be ruled out.
4. It appears to me that the house in question belongs to the petitioner. In that situation request of the petitioner for pre-arrest bail cannot be allowed, having regard to the nature of allegations and the investigation required to be done.
5. Learned counsel requested that the petitioner may B.A.No.3724 of 2014 2 be allowed to surrender before the investigating officer.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.576 of 2014 of the Puthencruze Police Station on 17.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge