Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the 2nd accused in Crime No.240 of 2012 of Adoor Excise Range registered for the offences punishable under Sections 8(1) and (2) of the Abkari Act.
3. According to the learned counsel for the petitioner, he is apprehending arrest in connection with the said crime.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. According to the learned counsel for the petitioner, this is a false case foisted against him and therefore, he is entitled to the discretionary relief of anticipatory bail.
6. Learned Public Prosecutor has pointed out that the investigation of the case is over and final report has been filed in the matter and presently, the matter is pending as C.P.No.136 of 2014 of the Judicial First Class Magistrate's Court, Adoor.
7. When the final report has already been filed, this is B.A.No.7296 of 2014 2 not a matter that can be considered under Section 438 of the Code of Criminal Procedure. The petitioner can well surrender before the court below and seek bail and apprise the court below about his contentions.
With the said observation, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge