SAYOOJ Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) The petitioners herein, the accused Nos.1 and 2, seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.25 of 2016 of the Feroke Excise Range,Kozhikode registered under Section 8 (1) and 55 (g) of the Kerala Abkari Act.

(2.) The prosecution case is that at about 5.30 p.m on 11.52016, these two petitioners were seen distilling arrack at Perumanna. It is alleged that on seeing the excise party who came there for search, the two petitioners ran off and escaped. The quantity of four litres of arrack and 65 litres wash abandoned by them were seized by the Excise Inspector as per mahazar.

(3.) This application for pre arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioners is absolutely necessary as part of investigation, and that, if the accused are now released, they will definitely obstruct the proper and effective investigation.