Sujith Kumar C. v. Station House Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 Bail Appl..No. 4903 of 2015 -------------------------------------- CRIME NO. 38/2015 OF KUMBALA EXCISE RANGE OFFICE , KASARGOD -------------------- PETITIONER/ACCUSED:

---------------------------------- SUJITH KUMAR C., AGED 31 YEARS, S/O.CHANDRASEKHARAN, THELKKA NIVAS, KUMBLA DESOM, KOIPADI VILLAGE, MANJESHWAR TALUK, KASARAGOD. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE:

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1. STATION HOUSE OFFICER, KUMBLA EXCISE RANGE, KASARAGOD, PIN-671321.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4903 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is the accused in Crime No.38 of 2015 of Kumbla Excise range, Kasaragod District. He is said to have committed the offence under Section 55(a) of the Abkari Act.

3.

He was found to be in possession of 2.250 litres of IMFL which was meant to be sold only in Karnataka. The allegation is that he imported it from Karnataka. 4.

Heard.

5.

The learned counsel submits that the petitioner is not involved in any other case and he has been in custody since 28.07.2015 and he may be released on bail. The facts indicate that he is a vendor in IMFL. He imported it from Karnataka. It is not safe to release him now as Onam is fast approaching.

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