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2022 Supreme(Online)(KER) 58023

ANEESH K.K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['V A SATHEESH', '', 'V T MADHAVANUNNI', 'ANAND V S']

O R D E R

The petitioner is the accused in Crime No.67/2020 of Alakode Excise Range, Kannur District alleging commission of offence under Sections 55 (g)

of the Kerala Abkari Act.

2. The allegation against the petitioner is that the petitioner was found in possession of 425 litres of wash for brewing arrack. It is alleged that on seeing the Excise party the petitioner ran away from the spot and was arrested later.

3. The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that there is no recovery of any wash from the possession of the petitioner. It is submitted that the petitioner has been falsely implicated into the case. Finally, it is submitted that the petitioner has been in custody from 18-12-

2021 and has completed 59 days in custody.

4. The learned Public Prosecutor opposes the grant of bail. It is submitted that huge quantity of wash recovered from the property of the petitioner. It is submitted that considering the huge quantity of wash, the petitioner is not entitled to be released on bail.

5. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has

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