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2024 Supreme(Online)(KER) 7196

HIGH COURT OF KERALA
C.S. DIAS, J
AJAYAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ADV SAJI SANKARAN NAIR, SR PP - SMT SEETHA S

ORDER

The application is filed under Section 439 of the Code of Criminal Procedure by the sole accused in Crime No.26 of 2024 of Thripunithura Excise Range Office, Ernakulam, which is registered against him for allegedly committing the offences punishable under Sections 55(i) & 13 r/w 63 of Kerala Abkari Act 1 of 1077 .

The petitioner was arrested on 01.05.2024.

2. The crux of the prosecution case is that: on 01.05.2024, at around 10.45 am, the accused was found in conscious possession of 61.500 Litres of Indian Made Foreign Liquor for the purpose of sale. The petitioner was arrested on the spot with the contraband article. Thus, the accused has committed the above offences.

3. Heard; Sri.Saji Sankaran, learned counsel for the petitioner and Smt.Seetha S, learned Senior Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to substantiate the petitioner's involvement in the case. The petitioner has been in judicial custody since 01.05.2024, the investigation in the case is complete and recovery has been effected. Therefore, the petitioner may be enlarged on bail.

5. The

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