Akhil v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 Bail Appl..No. 4706 of 2015 -------------------------------------- CRIME NO. 152/2015 OF ADOOR EXCISE RANGE OFFICE , PATHANAMTITTA ----------------- PETITIONER(S)/ACCUSED 1 & 2:

---------------------------------------------

1. AKHIL, AGED 24 YEARS S/O. SIDHARTHAN, RESIDING AT SIDHARTHA BHAVANAM, EDAKKADU MURI & VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT.

2. NITHIN, AGED 23 YEARS, S/O. SOLOMON, RESIDING AT KOCHUPARAMBIL HOUSE, 7TH MILE, KUNNATHOOR TALUK, KOLLAM DISTRICT BY ADV. SRI.MANU RAMACHANDRAN RESPONDENT(S)/COMPLAINANT/STATE:

----------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

2. THE EXCISE INSPECTOR, ADOOR EXCISE RANGE, PATHANAMTHITTA DISTRICT 691 523.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4706 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are accused in Crime No. 152 of 2015 of Excise Range, Adoor. They are accused of having committed the offences under Sections 55(a)(i) and 55(D) read with Section 67 (B) of the Kerala Abkari Act. The prosecution case is that they were found transporting 50 litres of Indian Made Foreign Liquor. 3.

Heard both sides.

4.

The application is opposed. The facts of the case prima facie indicate commission of the offences by the petitioners. The quantity seized is 50 litres. The purpose of the petitioners possessing it is evident. I am not satisfied that there are grounds to believe that they are not guilty or that they will not commit the offence again if they are released on bail.

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