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2024 Supreme(Online)(KER) 7732

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


ORDER

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.130/2024 of the Agali Police Station, Palakkad, registered against him for allegedly committing the offences punishable under Sections 55(a) and 55(i) of the Kerala Abkari Act, 1 of 1077. The petitioner was arrested on 14.06.2024.

2.The crux of the prosecution case is that; on 13.06.2024, at around 20.45 hours, the accused was found in conscious possession of 8 litres of Indian Made Liquor. The accused was arrested on the spot with the contraband article. Thus, the accused has committed the above offences.

3.Heard; Smt. Preeja. V.P, the learned counsel appearing for the petitioner and Smt. Seetha.S, the learned Senior Public Prosecutor.

4.The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The petitioner has been in judicial custody since 14.06.2024, the investigation in the case is practically complete and recovery has been effected. Moreover, the petitioner does not have any criminal antecedents. Hence, the petitioner may be released on bail.

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