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2021 Supreme(Online)(KER) 37495

HIGH COURT OF KERALA
BABU KANDYAN – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The sole accused in Crime No. 59/2021 of Peravoor Excise Range, seeks anticipatory bail on Section 438 of the Cr.P.C.

2. It is alleged that on 07.06.2021 at 11.45 am, while the Excise Officials attached to Peravoor Excise Range Office were conducting patrol duty, they found 100 litres of wash having been concealed in a heap of sacks in the backyard of the house of the petitioner bearing No.IX/446, Peravoor Grama Panchayath. Seeing the Excise party the petitioner was found attempting to take some articles from the heaps of sack. But he could not be arrested at that time. Now, apprehending arrest the petitioner has approached this Court.

3. The learned counsel submits that, the petitioner is a Chemical Engineer working abroad. He came to native place in January this year, that he has no connection whatsoever with the contraband. It is his ancestral home, and that he does not have criminal antecedents.

4. The learned Public Prosecutor has also endorsed the submissions that he does not have any criminal antecedents. 5. It is alleged that the petitioner was present when the

100 litres of wash and other utensils were found at the place and there were reasons to think that preparations f

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