The Kerala High Court granted bail to the petitioner, the fourth accused in a spirit smuggling case, as a matter of right under section 167(2) Cr.P.C. because the final report was not filed within 60 days of arrest.
Petitioner released on bail with a bond for Rs.50,000/- and two solvent sureties for the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 2ND FEBRUARY 2007 / 13TH MAGHA 1928
Bail Appl..No. 357 of 2007() ---------------------------AGAINST THE ORDER DATED 07/12/2006 IN CMP 6241/2006 & CMP.6240/2006 of J.M.F.C.,ALATHUR
: PETITIONER --------------------------ABDUL RAZAK S/O.KIDAR MUHAMMED, 36 YEARS, PALLIMEDU, ATHICODE, CHITTOOR.(CUSTODY)
BY ADV. SRI.M.V.PAULOSE
RESPONDENT: ------------CIRCLE INSPECTOR OF POLICE, VADAKKENCHERY POLICE STATION.
BY PUBLIC PROSECUTOR SHRI JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 357 OF 2007
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DATED THIS THE 2nd DAY OF FEBRUARY, 2007
O R D E R
Petitioner who is the 4th accused in Crime No.579/06 of Vadakkancherry Police Station for an offence punishable under section 55(a) of the Abkari act for allegedly facilitating transportation of 11800 litres of spirit on 5.12.2006 and who was arrested on 5.12.2006, seeks his enlargement on bail.
B.A.NO.357/07
Page numbers
tamper with the evidence for the prosecution.
3. The petitioner shall not commit any offence while on bail.
If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
V.RAMKUMAR, JUDGE.
dsn
1 issue framed by the court
Whether the petitioner is entitled to bail as of right given the failure to file the final report within 60 days of detention under section 167(2) Cr.P.C.
2 provisions across 2 enactments
ABDUL RAZAK S/O.KIDAR MUHAMMED
CIRCLE INSPECTOR OF POLICE, VADAKKENCHERY POLICE STATION
V.RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
