CHANDRIKA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks pre -arrest bail on the apprehension of arrest in Crime No. 76 of 2016 of the Nooranad Excise Range, registered under Section 55(i) of the Kerala Abkari Act.

(2.) It is alleged that at about 9.00 p.m. on 6.4.2016, the petitioner was found possessing 1550 ml of Indian Made Foreign Liquor for the purpose of illicit sale. The Excise party came there for search on the basis of reliable information. The petitioner was very much present there, but she was not arrested on the spot by the Excise Officials. However, the liquor was seized as per the mahazar, and a crime was registered. Now the petitioner apprehends arrest by the Excise Inspector.

(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 petitioner is absolutely necessary as part of investigation, and that if the accused is now released, she will definitely obstruct the proper and effective investigation.