Mohanan v. State Of Kerala
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. 4928 of 2015 ------------------------------------- CRIME NO. 74/2015 OF BALUSSERY EXCISE RANGE OFFICE, KOZHIKODE ---------------------- PETITIONER(S)/ACCUSED NO.1:
---------------------------------------------- MOHANAN, AGED 46 YEARS, S/O.GANGADHARAN, 15, THOTTATHIL HOUSE, KEDAVOOR VILLAGE, PUNOOR DESOM, THAMARASSERY TALUK.
BY ADVS.SRI.I.DINESH MENON SRI.L.RAJESH NARAYAN RESPONDENT(S)/COMPLAINANT:
----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, THORUGH THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, BALUSSERY.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH 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.4928 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.74 of 2015 of Balussery Excise range, Kozhikode district. He is said to have committed the offence under Section 55(g) of the Abkari Act.
3.
The excise officers seized from his building 75 litres of wash used to manufacture arrack.
4.
Heard.
5.
The learned counsel submits that the building was unoccupied and some strangers kept the wash in the building without his knowledge. This cannot be accepted. Prima facie, he is answerable for the possession of the article. The learned counsel further submits that as the petitioner has been in custody since 29.07.2015 he may be granted bail. The quantity of wash seized is 75 litres. Onam is fast approaching. I am of the view that if he is released on bail now there is every likelihood of his
B.A. No.4928 of 2015 repeating the offence.
In the result, this application is dismissed. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge