KUTTAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail.

(2.) The petitioner is the accused in Crime No.43/2019 of Sasthamcotta Excise Range Office, Kollam District, for having allegedly committed offences punishable under Sec. 55(i) of the Abkari Act.

(3.) The prosecution allegation is that on 6/4/2019 at 7.45 pm, the accused was found engaged in the illicit retail sale of Indian Made Foreign Liquor and thereby committed the offence. The accused was arrested on the same day, enlarged on bail, and the investigation was later completed. Upon filing the final report before the Judicial First Class Magistrate's Court, Sasthamcotta, the case was taken on file as CP 34/2019 and committed to Sessions Court and later made over to the Assistant Sessions Court, Karunagappally as SC 1673/2019. Though summons were issued for appearance, he remained absent. Accordingly, coercive steps were taken and notice was issued to the sureties who did not turn up and MC 32/2023 was registered against them. Thereafter, NBW was issued with a returnable date as 2/3/2024 and on that date the accused was arrested and produced, and he was remanded to judicial custody since then.