High Court of Kerala dismissed a bail application filed by two accused persons charged under the Abkari Act for possession of spirit and toddy, holding that grounds for release under Section 41A clause (b)(ii) were not satisfied.
Bail application dismissed; petitioners remain in custody.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 6TH DECEMBER 2006 / 15TH AGRAHAYANA 1928
Bail Appl..No. 7036 of 2006()
----------------------------CMP.5285/2006 of J.M.F.C.,THIRUVALLA CR.NO.31/06 OF MALLAPPALLY EXCISE RANGE.
PETITIONERS/ACCUSED
BY ADV. SRI.S.HARIKRISHNAN
RESPONDENTS: COMPLAINANT
BY PUBLIC PROSECUTOR SHRI P.N.SUKUMARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
BAIL APPLICATION No.7036 OF 2006
--------------------------------
DATED THIS THE 6TH DAY OF DECEMBER, 2006
O R D E R
Petitioners who are accused Nos.1 and 2 in C.R.No.31/06 of Mallappally Excise Range for offences punishable under sections 8(1) and 8(2) read with sections 55(a) and 56(b) of the Abkari Act for allegedly having been found in possession of 10.250 litres of spirit and 30 litres of toddy on 4.11.2006 and who were arrested on the same day, seek bail.
and have been falsely implicated in the case. I am not satisfied that both the grounds enumerated under Clause (b)(ii) of Sec.41 A of the Abkari Act are present in this case so as to justify the release of the petitioners on bail.
This application is accordingly dismissed.
dsn/-
V.RAMKUMAR, JUDGE.
2 issues framed by the court
Whether the petitioners are entitled to bail under Clause (b)(ii) of Section 41A of the Abkari Act.
Whether the case is too early to conclude that the petitioners are innocent of the alleged offences.
2 provisions across 1 enactments
P.C.SURESH
C.C.RAJESH
STATE OF KERALA
THE EXCISE INSPECTOR, MALLAPPALLY
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
