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2020 Supreme(Online)(KER) 38002

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


Advocates:
SRI.NIREESH MATHEW, SRI.C.N.PRABHAKARAN

ORDER

Dated this the 12th day of October 2020 APPLICATION FOR REGULAR BAIL U/S 439 Cr.PC The applicants are the accused nos. 1 to 3 in Crime No.121/2020 of Alathur Excise Range Office, Palakkad district, for having allegedly committed offences punishable under Sections

55(a), 56(b) and 57(a) of the Abkari Act.

2. The prosecution case, in brief, is that on 27.09.2020 at about 9.30 am, at Cheruthottukulam, Cheramangalam, the applicants 1 to 3 were seen standing behind a Bolero Pick-up van bearing Reg.No.KL-45/R-8275 at a coconut garden and on examination by the Excise officials, it was revealed that it contains 440 litres of toddy allegedly mixed with spirit and one litre of spirit in a bottle has also seized from that vehicle. There was another vehicle, a Maruti Breza Car, bearing Reg.No.KL-45/R-7117 parking near the aforesaid bolero van and they recovered 33 litres of spirit in a can stored inside that vehicle. The adulterated toddy as well as the unauthorized spirit were seized and the applicants were arrested. It is submitted that the 1st applicant is a route manager and the 2nd and 3rd applicants are driver and cleaner respectively. The Bolero Pick-up van has a valid licence for t

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