In this bail application under Section 438 CrPC, the High Court of Kerala rejected the petitioner's plea for anticipatory bail. The court found the allegations under the Abkari Act grave and held that the petitioner failed to establish innocence sufficient for bail.
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 MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2298 of 2009() ----------------------------CRIME NO.143 OF 2009 OF ENATHU POLICE STATION PETITIONER/4TH ACCUSED -----------------------------------------SANTHOSH KUMAR.O., SARASWATHY VILASAM HOUSE,ELEMANNOOR, P.O.ELEMANNOOR.
BY ADV. SRI.KRISHNA PRASAD. S
RESPONDENT(S): COMPLAINANT STATE -------------------------------STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, ENATHU POLICE STATION,PATHANAMTHITTA DISTRICT.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.2298 of 2009
K.T.SANKARAN, J.
Dated this the 1st 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 No.3 in Crime No.143 of 2009 of Enathu Police Station.
Sections 8(1) and (2) of the Abkari Act.
petitioner is not involved in the offence and that there is nothing to connect the petitioner with the offence.
The bail application is accordingly dismissed.
K.T.SANKARAN Judge
csl
2 issues framed by the court
Whether the petitioner has made out a case for the grant of anticipatory bail.
Whether the nature and gravity of the allegations warrant the dismissal of the bail application.
2 provisions across 2 enactments
Santhosh Kumar.O.
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
