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2014 Supreme(Online)(KER) 33119

HIGH COURT OF KERALA
B.KEMAL PASHA, J
DILEEP – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is the 2nd accused in Crime No.1885/2014 of the Punalur Police Station, Kollam registered for the offence punishable under Sections 55(a)

and (g) of the Abkari Act.

3. The allegation against the petitioner and A1 and A3 to A6 is that they were engaged in brewing arrack and it was the petitioner herein who used to transport the same by his autorickshaw. While so, on 18.10.2014 at 11.45 a.m., the police party found them at the place wherein they were engaged in brewing arrack and a quantity of 40 litres of wash was seized from their possession. The petitioner has been in custody for the period from 18.10.2014 onwards.

4. Heard learned counsel for the petitioner and the learned Public Prosecutor.

5. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. In the facts and circumstances of this case and in the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.

6. In the result, this Bail Application

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