Court dismissed bail application of petitioner, a peon, charged under Abkari Act for facilitating clearance of spirit. Court found insufficient satisfaction that statutory grounds for bail were met given non-isolated nature of lapse.
Bail application dismissed; petitioner not released on bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
THURSDAY, THE 7TH DECEMBER 2006 / 16TH AGRAHAYANA 1928
Bail Appl..No. 6964 of 2006()
----------------------------CRIME NO. 181/06 OF VALAYAR POLICE STATION CRMP.3714/2006 of DISTRICT COURT, PALAKKAD
PETITIONER ---------------
SREEMURALI, S/O. POOKALAN, RESIDING AT KOOTTALA VEEDU, KAITHAPARAMBU, NURANI, PALAKKAD.
BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON
RESPONDENTS:
BY PUBLIC PROSECUTOR SRI.P.N. SUKUMARAN
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2006, THE COURT ON 7-12-2006 PASSED THE FOLLOWING:
V. RAMKUMAR, J.
*** * * * * * * * * * * * * * * * * * Bail Application No. 6964 of 2006 * * * * * * * * * * * * * * * * * * Dated, this the 7**th day of December 2006
ORDER
Petitioner who is the 3rd accused in Crime No.
181/06 of Valayar Police Station for an offence punishable under sec. 55(a) of the Abkari Act for allegedly facilitating the clearance of a lorry carrying 12250 liters of spirit at the Sales Tax Check Post, Valayar on 30-7-2006, seeks bail. The petitioner was arrested on 30-10-2006.
2. The learned Public prosecutor opposed the application. He made available to me the case
diary files relating to the matter.
3. I perused the case diary files. It is too early to conclude that the giving of exist pass to the lorry by the petitioner who was a peon in the Sales Tax Check Post, Valayar without verifying the
contents of the lorry was an isolated and
B.A. No. 6964 of 2006 -:2:-
unintentional act committed by the petitioner after receiving illegal gratification. On the contrary, the case diary files reveal that the lapse on the part of the petitioner was not a solitary instance. I am not satisfied that both the grounds enumerated under Sections 41 A (b)(ii) of the Abkari Act are present in this case so as to justify the release of the petitioner on bail.
This application is accordingly dismissed.
V. RAMKUMAR, (JUDGE)
ani.
1 issue framed by the court
Whether the grounds under Sections 41 A (b)(ii) of the Abkari Act are present to justify release of the petitioner on bail who was allegedly facilitating the clearance of a lorry carrying spirit.
2 provisions across 1 enactments
SREEMURALI
THE STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
