Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 Bail Appl..No. 9449 of 2012 () ------------------------------ CRIME NO.222/2012 OF SASTHMCOTTA EXCISE RANGE, KOLLAM PETITIONER/2ND ACCUSED: ----------------------- N.BABURAJAN, AGED 4 YEARS, S/O.NARAYANAN, SEN BHAVANAM, IDAKKADU P.O., KOLLAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S)/INVESTIGATING OFFICER : ------------------------------------- EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- P.BHAVADASAN, J ----------------------------------------- B.A No.9449 of 2012 --------------------------------------------------- Dated this the 19th day of December, 2012 ORDER
The petitioner stands arrayed as the 2nd accused for having committed offence punishable under Section 55(i) of the Abkari Act.
2. The allegation against the petitioner is that he and the 1st accused were found in possession of 3 liters of IMFL, in contravention of the provisions of the Abkari Act.
3. The petitioner would pointed out that he is innocent and has been falsely implicated.
4. Considering the nature of allegation against the petitioner, the quantity of contraband seized and the fact that the investigation is at the initial stage preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioner. Accordingly, the petition is dismissed. However, if so advised, the petitioner may surrender before the Investigating Officer on or before 28.12.2012, who after interrogation, shall produce him before the JFCM Court concerned. If the petitioner moves an application for regular bail before the said court, the learned Magistrate shall consider and pass orders thereon in accordance with law, taking into consideration of the quantity of the contraband seized also. P.BHAVADASAN, JUDGE :
2. ab :
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