APPOOTTA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in both these cases is one and the same person. In B.A.No.10067 of 2021, bail is sought in respect of Crime No.271 of 2021 of Kasargod Excise Range, where the allegation is that on 19/11/2021, the petitioner was found in possession of 4.32 litres of IMFL meant for sale in Karnataka while riding a scooter within the limits of Kasargod Municipality. In Crime No.264 of 2021, out of which B.A.No.10060 of 2021 arises, the allegation against the petitioner is that on 11/11/2021 at about 11.30 am, the petitioner was found in possession of 15.3 litres of IMFL meant for sale in Karnataka which was concealed in a shed attached to the house bearing No.9/271 belonging to the accused within the limits of Kasargod Municipality.

(2.) Ms. Divya.T.P, learned counsel appearing for the petitioner in these cases would submit that the petitioner is absolutely innocent in the matter. It is submitted that the recovery in Crime No.264 of 2021 was not from the possession of the petitioner and therefore he cannot be said to have committed offences alleged against him. It is submitted that in Crime No.271 of 2021, the petitioner has been falsely implicated. It is also submitted that the petitioner has been in custody from 20/12/2021 and the continued detention of the petitioner is not necessary for the purpose of investigation into Crime No.264 of 2021 and Crime No.271 of 2021, both of Kasargod Excise Range, Kasargod.

(3.) Learned Public Prosecutor, on instructions, would submit that there are two other cases registered against the petitioner as Crime Nos.2 of 2021 and 3 of 2021 of Kasargod Excise Range where the petitioner faces similar allegations. It is submitted that the fact that immediately after being arrayed as an accused in Crime No.264 of 2021, the petitioner again committed similar offences, which led to registration of Crime No.271 of 2021 shows that the petitioner is a habitual offender and is engaged in illicit sale of IMFL procured from the State of Karnataka. It is submitted that if bail is granted, there is possibility of the petitioner involving in similar offences in future.