Sanalkumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 Bail Appl..No. 2742 of 2015 ----------------------------------------- CRIME NO.112 OF 2015 OF MARAYAMUTTOM POLICE STATION ------------------ PETITIONER(S)/ACCUSED :

---------------------------------------- SANAL KUMAR, AGED 40 YEARS, S/O.SATHYADAS, MULAMPOILA VEEDU, MELKONAM, PERUMKADAVILA, THIRUVANANTHAPURAM.

BY ADV. SRI.MANU V.

RESPONDENT(S)/COMPLAINANT/STATE :

-------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No.2742 of 2015 ------------------------------------------- Dated this the 29th day of May, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2. Petitioner is alleged to have committed the offences under Sections 55(a) and (i) of the Abkari Act.

3. The prosecution case is that he was found selling Indian Made Foreign Liquor at a public place sitting on a motorcycle. The police seized 2.375 litres of liquor from him. Learned counsel submits that the prosecution case is false.

4. heard.

5. According to the counsel the prosecution case is not a believable one. At this stage, it cannot be stated that prosecution case is false. The police seized 2.375 litres of Indian Made Foreign Liqour from him. He took to his heels when he saw the police. There is a prima facie case against him. In these circumstances, it is not proper to grant him anticipatory bail.

In the result, this application is dismissed. The learned counsel submits that the petitioner will surrender before the investigating officer. He may do so if he is so advised. Sd/- K.ABRAHAM MATHEW JUDGE cms /True copy/ P.S.to Judge