A single judge of the High Court at Ernakulam considered an application for anticipatory bail filed by a petitioner accused of brewing arrack. Rejecting the claim, the court dismissed the application due to the petitioner's absconding behavior.
Bail application dismissed; no bail granted.
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 TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931
Bail Appl..No. 2318 of 2009() ----------------------------CRIME NO.9/09 OF WADAKKANCHERY EXCISE RANGE ....................
PETITIONER/ACCUSED
AYYAPPAN,S/O.KOTHA, NATTAMKANDATH HOUSE KONDAYOOR DESOM, PALLUR VILLAGE.
BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN
RESPONDENT(S): COMPLAINANT
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE EXCISE INSPECTOR, WADAKKANCHERY.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.2318 of 2009
Dated this the 2nd day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.9 of 2009 of Wadakkanchery Excise Range.
accused were found engaged in brewing arrack on 5.3.2009. The petitioner ran away from the spot on the arrival of the Excise Party. The first accused was arrested and he was produced before the court. Later, the first accused was released on bail.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl
2 issues framed by the court
Whether the petitioner was a fit case to be granted anticipatory bail.
What relief the court granted on the pending bail application.
2 provisions across 2 enactments
Ayyappan
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
