SREERAGAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether a Magistrate is competent to authorise the detention of an accused in custody for a period exceeding 60 days where the investigation relates to an offence punishable with imprisonment which may extent up to 10 years as per the proviso to S.167(2) of the Cr.P.C. That is the question involved in this case.

(2.) This application for bail is filed by the second accused in Crime No. 715/2000 of the Kottarakkara Police Station. The said crime was registered alleging the commission of the offence punishable under S.8(1) and (2) of the Abkari Act. The allegation is that on 24.3.2000 at about 8.30 p.m., the Asst. Sub Inspector of Police, Kottarakkara found one Unnikrishnan engaged in the sale of illicit arrack in toddy shop No. 11 of the Chengamanad Village. The Asst. Sub Inspector seized 20 litres of arrack from the toddy shop and also arrested the said Unnikrishnan. Subsequent investigation revealed that the petitioner was in charge of the toddy shop on the date of the occurrence and accordingly he was implicated as an accused in the crime. An application moved by the petitioner before the Judicial First Class Magistrate I, Punalur was dismissed. Two earlier applications for bail moved by the petitioner before this Court were also dismissed. Now the petitioner claims the benefit of the second proviso to S.167(2) of the Cr.P.C.

(3.) According to the Public Prosecutor, since the petitioner is accused of an offence punishable with imprisonment which may extend upto 10 years, the proviso (a)(i) to S.167 of the Cr.P.C. is attracted in this case and therefore the petitioner is not entitled to be released on bail at this stage.