The Court dismissed an anticipatory bail petition under the Abkari Act. Finding insufficient material to establish innocence and noting the accused's prolonged unavailability for arrest, the Court directed surrender and dismissed the bail request.
Petitioner directed to surrender within seven days; bail application dismissed.
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 MRS. JUSTICE K.HEMA
MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930
Bail Appl..No. 5354 of 2008()
----------------------------CRIME NO.108/08 OF KUMBAMMETTU POLICE STATION
PETITIONERS/ACCUSED:-
BY ADV. SRI.C.C.ABRAHAM
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KAMBAMMEDU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SHRI.M.S.BREEZE
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J.
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B.A.No.5354 of 2008
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Dated this the 20th October, 2008
O R D E R
This petition is for anticipatory bail.
2
BA.5354/08
petitioners are made accused in the crime. There are only vague allegations and the petitioners may be granted anticipatory bail, it is submitted.
3
BA.5354/08
petitioners in the offence. The report, by which the petitioners' names were included, reached the court only on 31.7.2008.
The petitioner shall surrender before the investigating officer or the Magistrate Court concerned within seven days from today and cooperate with the investigation and make themselves available for interrogation and if the petitioners file any application for bail, it shall be disposed of as expeditiously as possible.
With these directions petition is dismissed.
K.HEMA, JUDGE
vgs.
2 issues framed by the court
Whether anticipatory bail should be granted to accused facing charges under Section 8(2) of the Abkari Act given their unavailability for arrest.
Whether the delay in implicating petitioners and lack of material evidence against their innocence precludes the grant of bail.
2 provisions across 1 enactments
ELDOSE @ SANOJ and others
STATE OF KERALA
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
