Madhu C. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 Bail Appl..No. 4363 of 2015 () ------------------------------- CR.NO. 68/2015 OF SULTHANBATHERY EXCISE RANGE, WAYANAD DISTRICT -------------------- 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 REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. REMA R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4363 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is said to have committed the offence under Sections 55(a)and (i) of the Abkari Act. The prosecution case is that he was found to be in possession of 64 litres of spirit. 3.

Heard.

4.

Learned counsel submits that taking into consideration the period of custody, the petitioner may be granted bail. He has been in custody since 03.06.2015. But, the liquor seized is spirit and the quantity is 64 litres. The application is opposed. There are no grounds to believe that he has not committed the offence or that he will not commit it again if he is released on bail. So his application is only to be dismissed.

In the result, this application is dismissed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge