Ayyoob vs State Of Kerala

Shircy V, J

The petitioner who is the second accused in Crime No.77 of 2021 of Excise Range Office, Tirur, Malappuram District registered for the offences

punishable under Sections 8(1), 8(2) and 55(i) of the Abkari Act, has moved this application apprehending arrest.

The prosecution allegation is that on 07.07.2021 at about 7.00 pm the Excise Inspector and his team on getting reliable information conducted a

search in the house bearing No.IV/53 of Cheriyamundam Grama Pnachayat and seized 4.5 litres of arrack and 30 litres of Indian Made Foreign

Liquor from the house, owned by this petitioner. Thereby, he along with the first accused were booked for the said offence.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

According to the learned counsel for the petitioner he has absolutely no connection with the contraband alleged to have been seized by the Excise

officials. Actually, the same was seized from a property situated near to his residence, but no search was conducted as alleged by the prosecution and

nothing was seized from his residence. Still he apprehends unnecessary arrest in the false case registered and hence this application.

It is submitted by the learned Public Prosecutor that the investigation of the case is only in progress. The first accused is the son of this petitioner

and he was arrested from the spot. Thereafter, after few days in custody he was released on bail.

The contraband was seized from the residential house of this petitioner and it is revealed that he along with his son had stored the same for

distillation.

On going through the records, I could find a strong prima facie case against this petitioner. Considering the seriousness of the allegations levelled

against the petitioner, I do not think that this is a fit and appropriate case in which the discretion of the court can be exercised as prayed for. Hence,

he is not entitled to get pre-arrest bail as prayed for by the petitioner.

Accordingly, this bail application stands dismissed. The petitioner could very well surrender before the investigating officer and co-operate with the

investigation of the case.