MATHAI P.J. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was apprehended with 3.75 litres of Karnataka origin arrack and was remanded to custody from 01.10.2012 onwards. Apart from contending that he is innocent and has been falsely implicated, the petitioner contended that his continued custody is unnecessary. Learned Public Prosecutor opposed the petition pointing out that the investigation is not yet complete.

(2.) CONSIDERING the nature of allegations, nature of contrabands seized, quantum of contraband seized, the fact that the petitioner has been in custody from 01.10.2012 onwards and also the fact that investigation must have progressed to a good extent by now, the continued custody of the petitioner seems to be unnecessary. Further, no apprehension has been expressed by the investigating agency that if released on bail the petitioner is likely to abscond. The petition is allowed and the petitioner is granted bail subject to the following conditions: