Petitioner is the first accused in Crime No.46 of 2014 of the Kayamkulam Excise Range Office for the offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act for alleged possession 1.900 liters of coloured arrack on 04.04.2014, is in custody from 09.04.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that the contraband was seized from the possession of the petitioner on the relevant day. Petitioner is involved in six other cases.
3. Learned counsel submits that the instruction given is that in three of those cases the petitioner was acquitted. It is also submitted that the petitioner is in custody from 09.04.2014.
4. In the nature of the allegations made against the petitioner, materials collected and as the petitioner is involved in other cases for similar offence, request for bail cannot be allowed at this stage. It is made clear that this order will not
B.A.No.3886 of 2014
2 stand in the way of the petitioner claiming statutory bail if he is otherwise entitled that, in the Court concerned.
Application is dismissed with the above observation.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge