Petition under Section 438 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.1542 of 2014 of the Oachira Police Station registered for the offences punishable under Section 55(a) and (i) of the Abkari Act.
3. On 30.08.2014 at 11 am, the 1st accused was seen riding a motor cycle with the petitioner as its pillion rider. When they reached Kuttiyidathu junction, the police party stopped the motor cycle. Immediately, the petitioner alighted from the pillion and ran away towards East. The motor cycle, on examination, was found containing 4 litres and 875 ml of Indian Made Foreign Liquor in contravention of the provisions of the Abkari Act. Consequently, the 1st accused B.A. No.7066 of 2014 -: 2 :-
was arrested.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The mahazar prepared by the police clearly shows that as and when the police stopped the motor bike, unexpectedly, the petitioner alighted from the pillion and ran away towards East. Therefore, he could not be apprehended. This is an application seeking anticipatory bail in an Abkari case. The investigation of this case is not over. The contents of the CD prima facie reveal the complicity of the petitioner. 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.
DSV/23/10 Sd/-
B. KEMAL PASHA, JUDGE // True Copy // P.A. To Judge