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2022 Supreme(Online)(KER) 24069

HIGH COURT OF KERALA
SURESH K.S – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

Dated this the 13th day of May, 2022 Regular bail plea of the sole accused in crime No.80/2021 of Excise Range OfÏce, Alakkode is under consideration in this petition filed under Section 439 of Cr.P.C.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail.

3. The allegation of the prosecution is that on

19.05.20021 at about 16.30 hours, the Excise party seized 130 litre of wash kept near by the house of the accused, for the purpose of brewing alcohol and crime alleging commission of offence under Section 55(g) of the Kerala Abkari Act was registered. But the Excise party could not arrest the accused and after filing charge, the accused surrendered himself before the Magistrate court and sought for regular bail and the bail application was dismissed by the court concerned.

4. While canvassing regular bail to the petitioner, the learned counsel for the petitioner vehemently argued to convince that the petitioner is innocent and also to appraise that the recovery itself is from the neighbouring property of the petitioner and the petitioner has no nexus with the contraband seized. He submitted further that after filing final report, the

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