ORDER

Dated this the 23rd day of December, 2021 The petitioner is the 4th accused in Crime No.117/2015 of Kayamkulam Excise Range, Alappuzha Distirct. The offences alleged against him and the other accused are those punishable under Sections 55 (a) and 67B of the Abkari Act (for short ‘the Act’). It is contended by the learned counsel for the petitioner that the ownership of the house wherefrom the contraband was allegedly seized stands in the name of his father and therefore, he was arrayed as the 4th accused in the case. According to him the petitioner was neither the owner of the house nor has occupied it at any point of time.

2. The learned counsel for the petitioner has contended that the petitioner was working abroad and therefore was unaware of his implication in the crime in question. He came to know about his implication only recently when the Excise officials visited the residence of his sister for execution of the NBW issued against him. After getting information, the petitioner was desirous of surrendering before Judicial First Class Magistrate Court I, Kayamkulam (for short ‘the court below’) and to take bail in the case. His apprehension was that in the event of his s