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High Court of KeralaBail Appl./3901/2015dismissed

Ramu v. State Of Kerala

2015-07-09Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 Bail Appl..No. 3901 of 2015 () ------------------------------- CRIME NO. 86/2014 OF KASARAGOD EXCISE RANGE, KASARAGOD ------------------ PETITIONER : (ACCUSED) :

---------------------------------------- RAMU, AGED 37 YEARS, S/O.BABU POOJARY, NELLIKKUNNU DESOM, KASARAGOD TALUK KASARAGOD DISTRICT.

BY SENIOR ADVOCATE SRI.T.SETHUMADHAVAN BY ADVS.SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON RESPONDENT :

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

(CR.NO.86/2014 OF KASARAGOD EXCISE RANGE).

BY PUBLIC PROSECUTOR SMT. REMA R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.3901 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is said to have committed the offence under Section 55(a) of the Abkari Act.

3.

On getting information from a source excise officers went to the place of occurrence from where they seized 6 litres of arrack kept in a 10 litre capacity can. It is alleged that it was the petitioner who kept the arrack. 4.

Heard.

5.

It is true that the excise officers have so far not collected any direct evidence to prove the occurrence. But the statement of the witnesses questioned by them indicate that there is every reason to suspect that the petitioner is the culprit. This reasonable suspicious is sufficient to arrest him. The application is opposed by the learned Public Prosecutor. At this stage there is no ground to believe that the petitioner has not committed the offence. So I am not inclined to grant anticipatory bail to

B.A. No.3901 of 2015 him.

In the result, this application is dismissed. K. ABRAHAM MATHEW JUDGE R.AV