The High Court of Kerala dismissed this anticipatory bail application. The bench found that prima facie evidence of an offence under the Abkari Act existed and noted the petitioner's history of six other Abkari cases, leading to a denial of discretionary relief under Section 438 CrPC.
Bail application dismissed; petitioner denied anticipatory bail relief.
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 K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2254 of 2009() ----------------------------CRIME NO.22 OF 2009 OF AMARAVILA EXCISE RANGE
PETITIONR/ACCUSED
------------------------------------VIJAYAKUMARI,AGED 50 YEARS, MELEPUTHENVEETTIL, POORANNUR DESOM, CHENKAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM.
BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR
RESPONDENT(S): COMPLAINANT
STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.2254 of 2009
Dated this the 4th day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.22 of 2009 of Amaravila Excise Range.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the prima facie evidence of an offence and prior cases.
2 provisions across 2 enactments
Vijayakumari
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
