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2022 Supreme(Online)(KER) 27174

HIGH COURT OF KERALA
KUTTAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['P M RAFIQ', '', 'M REVIKRISHNAN', 'AJEESH K SASI', 'MITHA SUDHINDRAN', 'SRUTHY N BHAT', 'RAHUL SUNIL', 'SRUTHY K K', 'PUBLIC PROSECUTOR']

ORDER

This is an application for regular bail.

2. The petitioner is the accused in Crime No.151 of

2022 of Erumapetty Police Station, Thrissur District, alleging commission of offences punishable under Sections 8(1), 8(2) and 55(g) of the Kerala Abkari Act. The allegation levelled against the petitioner is that on 09.03.2022 at about 4.50AM, the petitioner was found in possession of 10 litres of wash and utensils for the purpose of brewing illicit arrack.

3. The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter and has been falsely implicated. It is submitted that the allegation that there was recovery of wash and utensils for the purpose of brewing arrack from the possession of the petitioner is absolutely false. It is submitted that the petitioner has been in custody from 09.03.2022 and his continued detention is not necessary for the purpose of any investigation. It is also pointed out that the petitioner has no criminal antecedents.

4. The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing from the record are pointed out. It is submitted that the contraband was recovered from a shed atta

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