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2024 Supreme(Online)(KER) 6040

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


O R D E R

The application is filed under Section 438 of the Code of Criminal Procedure, 1973(‘Code’, for short), for an order of pre-arrest bail.

2. The petitioner is the sole accused in Crime No.110/2023 of the Karthikapally Excise Range, Thrissur, registered against him for allegedly committing the offences punishable under Sections 58 and 55 (i) of the Kerala Abkari Act 1 of 1077.

3. The crux of the prosecution case is that; on

15.8.2023, at around 6 p.m., on the basis of a secret information, the Excise party searched the house of the accused and seized 31 bottles of Indian Made Foreign Liquor (IMFL), each containing 750 ml, meant for sale in the State of Karnataka. Thus, the accused has committed the above offence.

4. Heard Sri. S.Gokul Babu, learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor.

5. Learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against him. The petitioner is serving in Border Security Force (BSF) as an Assistant Sub Inspector at BSF station, Thiruvananthapuram. The officials of the BSF are allotted a monthly quota of 8 bottles of IMFL from t

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