HAYARUNNISA Vs. STATE OF KERALA

JUDGEMENT

(1.) This application for bail is filed by accused Nos. 1 to 3 in Crime No. 268/2000 of Parippally Police Station. The said crime was registered against the petitioners and others alleging the commission of the offences punishable under S.302 and 307 read with S.34 of the Indian Penal Code and S.57(A) of the Abkari Act.

(2.) The prosecution allegation is that all accused persons entered into a criminal conspiracy and pursuant to that conspiracy they manufactured illicit arrack mixed with methyl alcohol for being sold to the public for consumption. As a result of the consumption of the poisonous mixture sold by the accused persons, several persons died and several others sustained grievous injuries. The petitioners were arrested on 24.10.2000 and on 25.10.2000 they were produced before the Judicial First Class Magistrate, Paravoor, who remanded them to the sub jail. Admittedly a report under S.173(2) of the Crl. P.C. against 43 accused including the petitioners was filed before the Magistrate on 22.1.2001. It is stated in the final report that the investigation in respect of three of the accused persons is not completed and therefore they are not sent up for trial. According to the petitioners, though a report purporting to be a final report was filed on 22.1.2001, they are entitled to the benefit of the proviso to S.167(2) of the Crl. P. C. Since the investigation against them continued even after the filing of the alleged final report.

(3.) The application is stoutly opposed by the Public Prosecutor. According to the Public Prosecutor, since the charge sheet was filed before the expiry of the prescribed period, petitioners are not entitled to the benefit of the proviso to S.167(2) of the Crl. P. C.