The Kerala High Court dismissed the bail application filed by the 2nd accused in a case involving possession of contraband under the Abkari Act. The single judge held that the threshold for presuming guilt was met and found no justifying grounds for release.
Bail application dismissed; petitioner ordered to continue in custody.
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
THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929
Bail Appl..No. 1560 of 2008() ----------------------------CMP.1207/2008 of J.M.F.C.-I,NEDUMANGAD ....................
: PETITIONER/2ND ACCUSED:
SHIBU @ VELUTHA SHIBU, S/O. CHANDRAMOHANAN, SREEVALSAM VEEDU, THONDAMKULAM, KOTTAKKAKAM, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK.
BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR
RESPONDENTS: COMPLAINANT:
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.S.U. NAZAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No. 1560 of 2008
DATED: 13-03-2008
O R D E R
In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in C.R. No.79 of 2007 of Aryanad Excise Range for offences punishable under Secs. 8(1), (2), rr(b) and 55 (g) of the Abkari Act for allegedly having been found in possession of 25 litres of wash and 35 litres of arrack on 12-22008, seeks his enlargement on bail.
With the above observation this Application is dismissed.
V.RAMKUMAR, JUDGE.
ani
2 issues framed by the court
Whether bail should be granted to the 2nd accused in a case involving possession of wash and arrack under the Abkari Act.
Whether the grounds under sec.41A (b)(ii) of the Abkari Act are present to justify release on bail.
3 provisions across 2 enactments
SHIBU @ VELUTHA SHIBU
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
