Devasia M.P vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Nov 30, 2020

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Citation: sooperkanoon.com/1826366
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Nov 30, 2020
Case Number: Bail Appl./8074/2020

Parties & Advocates

Appellant / Petitioner

Devasia M.P

Respondent

State of Kerala

Excerpt

.....jacob sri.k.s.arun kumar smt.amrutha k p smt.amrutha p s respondent/s: state of kerala represented by public prosecutor, high court of kerala 682031 r1 by public prosecutor other present: sri.ajith murali -pp this bail application having come up for admission on 30.11.2020, the court on the same day passed the following: bail appl..no.8074 of 2020 2o r d e rdated this the 30th day of november 2020 application for regular bail under section 439 of cr.p.c. the applicant is the sole accused in crime no.62/2020 of erattupetta excise range office, kottayam for having allegedly committed offence punishable under sections 8(1), 8(2) and 55 (g) of the kerala abkari act.2. the prosecution case, in brief, is that on 01.11.2020 atabout 1.15 p.m., the excise party conducted a search of the house belonging to the applicant at moonilavu village and recovered 1.3 litres of arrack and 115 litres of wash attached to the kitchen of the said house.3. the applicant was arrested on 01.11.2020 and remains in judicial custody. the applicant states that he is innocent and the allegations are not true and therefore he seeks bail.4. heard the learned counsel for the applicant and the learned public prosecutor.5. the learned public prosecutor submits that the applicant is a person having criminal antecedents. the quantity of wash involved in this case is 115 litres, which indicates the large scalebail appl..no.8074 of 2020 3 distillation of arrack by the applicant. under the circumstances, i find that it is too early for the applicant to be released on bail. the application for bail is dismissed. sd/- ashok menon judge rmm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, 1942 Bail Appl..No.8074 OF 2020 CRIME NO.62/2020 OF Erattupetta Excise Range Office , Kottayam PETITIONER/S: DEVASIA M.P AGED 64 YEARS MUTHEDATHU HOUSE, KURINJIPLAVU P.O MOONNILAVU VILLAGE, ERATTUPETTA, KOTTAYAM 686586 BY ADVS. SRI.JUSTINE JACOB SRI.K.S.ARUN KUMAR SMT.AMRUTHA K P SMT.AMRUTHA P S RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031 R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SRI.AJITH MURALI -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.8074 OF 2020 2

O R D E R

Dated this the 30th day of November 2020 Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.62/2020 of Erattupetta Excise Range Office, Kottayam for having allegedly committed offence punishable under Sections 8(1), 8(2) and 55 (g) of the Kerala Abkari Act.

2. The prosecution case, in brief, is that on 01.11.2020 at

about 1.15 p.m., the Excise party conducted a search of the house belonging to the applicant at Moonilavu Village and recovered 1.3 litres of arrack and 115 litres of wash attached to the kitchen of the said house.

3. The applicant was arrested on 01.11.2020 and remains in judicial custody. The applicant states that he is innocent and the allegations are not true and therefore he seeks bail.

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

5. The learned Public Prosecutor submits that the applicant is a person having criminal antecedents. The quantity of wash involved in this case is 115 litres, which indicates the large scale

Bail Appl..No.8074 OF 2020 3 distillation of arrack by the applicant. Under the circumstances, I find that it is too early for the applicant to be released on bail. The application for bail is dismissed. SD/- ASHOK MENON JUDGE rmm

Same Court & Year Kerala Orders · 2020 Same Parties Devasia M.P vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon