CHANDRASEKHARAN C.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 545 of 2012 of Chombala Police Station, Kozhikode District. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. The prosecution case is that on 2.12.2012 at about 16.15 hours the petitioner was found in possession of 14.75 litres of Indian Made Foreign Liquor. The petitioner would say that he is innocent and has been falsely implicated. At any rate, he has been in custody from 2.12.2012 onwards. Investigation is almost complete, his continued custody is unnecessary.

(2.) THE learned Public Prosecutor very vehemently opposed the petition and pointed out that investigation is not yet complete. The claim of the petitioner that he is innocent cannot be countenanced on going through the materials available in the CD. Considering the quantity of the contraband seized, the nature of the offence alleged and that the petitioner having been custody from 2.12.2012 and since the investigation must almost have been completed, it is not necessary to detain the petitioner further. Therefore, the petition is allowed as follows: