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2021 Supreme(Online)(KER) 40712

HIGH COURT OF KERALA
ASHOK MENON, J
RAJAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.T.MADHU SMT.C.R.SARADAMANI

O R D E R

Dated this the 23rd day of March 2021 APPLICATION FOR ANTICIPATORY BAIL The applicant is the sole accused in Crime No.78/2020 of Hosdurg Excise Range, for having allegedly committed offences punishable under Sections 8 (1), 8(2) and 55(g) of the Abkari Act .

2. The prosecution case, in brief, is that on 17/4/2020 at about 2.30 p.m., the Preventive Officer of Hosdurg Excise Range and his party were on patrol duty and on reaching the place called Mottammal near Alakode, they got information to the effect that the applicant is involved in the manufacture of illicit arrack. Accordingly, the Excise party proceeded to the house of the applicant and on reaching near his house, they found that he was sitting near an electric post. On seeing the Excise Officials, he fled away from there and could not be apprehended. On inspection, they found 50 litres of Wash in two Cans and 3 litres of arrack in another Can which was illegally manufactured by the applicant and those contraband articles were seized. 3. The applicant states that he is innocent and the allegations are not true. Recovery is made from a public place, under an electric post, and therefore, it cannot be said that the a

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