High Court of Kerala granted bail to an accused charged under the Abkari Act for transporting spirit. The grant was based on the Public Prosecutor's submission that a final report was not filed within 60 days of judicial custody.
Petitioner directed to be released on bail upon executing a bond for Rs. 1,00,000/- with two solvent sureties.
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
WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931
Bail Appl..No. 1223 of 2009() ----------------------------CR. NO. 4 OF 2009 OF NEYYATTINKARA EXCISE RANGE ....................
PETITIONER/IST ACCUSED --------------------
VIPIN KUMAR, S/O.NAGAPPAN, KULAVARAMBU VEEDU, PULLEKONAM, VENPAKAL DESOM ATHIYANNOOR VILLAGE.
BY ADV. SRI.R.T.PRADEEP
RESPONDENT(S): COMPLAINANT
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No. 1223 OF 2009
DATED: 25-03-2009
O R D E R
Petitioner who is accused No. 1 in C.R. No. 4 of 2009 of
Neyyattinkara Excise Range for offences punishable under Secs. 55 (a), 58 and 67 (b) of the Abkari Act for allegedly having been found in transporting 320 litres of spirit in an autorickshaw on 24-12009 and who was arrested on the same day, seeks his enlargement on bail.
Bail A.No. 1223 of 2009 -:2:-
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.
Dated this the 25th day of March 2009.
V.RAMKUMAR, JUDGE
ani.
Bail A.No. 1223 of 2009 -:3:-
1 issue framed by the court
Whether the petitioner entitled to bail as of right under proviso to Section 167(2) Cr.P.C. due to delay in filing final report.
2 provisions across 2 enactments
VIPIN KUMAR
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
