Dismissed

Shyby Rhemas v. State of Kerala

Kerala HC19 Aug 2009Bail Appl./4273/2009

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam dismissed three contiguous bail applications filed by an accused involved in multiple instances of abkari offences (possession of wash and arrack). The court noted the regularity of the accused's involvement in such crimes and the necessity of effective investigation, including during the Onam season, as grounds for denial.

What did the court decide?

Bail applications Nos. 4273, 4277, and 4287 of 2009 are dismissed.

Shyby Rhemas Vs State of Kerala — Service and Employment | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4273 of 2009() ----------------------------CRIME NO.43/2009 OF UDUMBANCHOLA EXCISE RANGE PETITIONER (S): ACCUSED NO.1 ----------------------------------------------SHYBY THOMAS, AGED 33, S/O.THOMAS JOSEPH, PALATHANATHU HOUSE, NEDUMKANDOM KARA, ASARIKKANDOM BHAGOM, PARATHODU VILLAGE.

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BY ADV. SRI.GRASHIOUS KURIAKOSE

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RESPONDENT(S): COMPLAINANT -------------------------STATE OF KERALA,EXCISE INSPECTOR UDUMBANCHOLA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.TEKCHAND

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2009, ALONG WITH BA NO.4277 OF 2009 AND BA NO. 4287 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A.Nos.4273, 4277 & 4287 of 2009

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Dated this the 19^th day of August, 2009

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ORDER

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All these Bail Applications are filed by the same person who is accused No.1 in Crime No.43 of 2009, accused No.2 in Crime No.8 of 2008 and accused No.3 in Crime No.62 of 2008 of Udumbanchola Excise Range. In all theses cases he is accused of having committed offences under Section 55(g) and Section 8 (1) and (2) of the Abkari Act.

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Bail Application No.4273 of 2009 relates to Crime No.43 of 2009. The allegation levelled against the petitioner is that he was in possession of 4340 litres of wash and 60 litres of arrack on 19.5.2009. Bail Application No.4277 of 2009 relates to Crime No.8 of 2008. The quantity involved in that case is 3000 litres of wash and 180 litres of arrack. The date of occurrence was on 2.2.2008. Bail Application No.4287 of 2009 relates to Crime No.62 of 2008. The quantity involved in that case is 15,360 litres of wash and 135 litres of arrack and the incident was on 6.11.2008. In all these cases, the petitioner could not be arrested by the Excise Party. He surrendered before court on

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BA No.4273/2009

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25.6.2009 and he was remanded to judicial custody.

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Learned counsel for the petitioner submitted that he

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has already undergone judicial custody for about two months and there is no point in detaining him further.

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Learned public prosecutor opposed the Bail Application vehemently. It is submitted that if the petitioner is released on bail at this stage, he will indulge in similar prejudicial activities, particularly during Onam season. It would also affect the proper and effective investigation of the case. It is submitted that the petitioner is likely to indulge in intimidating or influencing the prosecution witnesses.

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The sequence of events would show that the petitioner is accused of having committed offence in February 2008, November 2008 and May 2009. This shows that he is a person allegedly involved in the abkari offences in regular intervals. Such a person cannot be released on bail at this stage of investigation of the cases.

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For the aforesaid reasons, the Bail Applications are dismissed.

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K.T.SANKARAN, JUDGE

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csl

Shyby Rhemas v. State of Kerala

Case brief

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Shyby Rhemas v. State of Kerala

Case brief

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