Madhu C v. State Of Kerala

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.3952 of 2015 ------------------------------------ CR NO.68/2015 OF SULTHANBATHERY EXCISE RANGE OFFICE,WAYANAD. ..

PETITIONER/ACCUSED:

----------------------------------- MADHU.C,AGED 32 YEARS,S/O.VASU, CHERIKALLINMEL HOUSE,VELAMBILIMANGALAM, SREEKRISHNAPURAM VILLAGE,PALAKKAD DISTRICT.

BY ADV.SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH.

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

pk

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.3952 of 2015 -------------------------------------------- Dated this the 9th day of July 2015

O R D E R

Petition filed under Sec.439 Cr.P.C.

2. Petitioner is accused in C.R. No.68 of 2015 of Sulthan Bathery Excise Range registered for the offences under Secs.55(a) and (i) of the Kerala Abkari Act. The prosecution case is that the petitioner was found to be in possession of 64 litres of spirit.

3. Heard both sides.

4. The learned Public Prosecutor opposed the bail application.

5. The quantity of spirit seized from the petitioner is 64 litres which had been kept concealed in a coffee plantation. It is true that he has been in custody since 03.06.2015. There are no grounds to believe that the petitioner is innocent or that he will not commit the offence again if he is released on bail.

In the result, the bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE NS