FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the accused in Crime No.788 of 2016 of the Nedupuzha Station registered under Sections 55 (a) and (i) of the Kerala Abkari Act and under Section 6 read with Section 24 of COTPA Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Sessions Judge,Thrissur on 25.5.2016. The petitioner has been in judicial custody since 13.4.2016.

(2.) The prosecution case is that. at about 9 p.m on 13.4.2016, the petitioner was found possessing 5 litres of Indian made Foreign Liquor for illicit sale, and also 20 packets of hans in his bunk shop at Cheeyaram Junction. He was arrested on the spot by the police and the contraband articles were seized as per mahazar. A similar crime was registered against him in 2015. But the quantity of hans seized in the said case is not reported. Anyway,he will complete the statutory period of 60 days soon. B.A No.4112 of 2016

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.