In a bail application under Section 55(g) of the Abkari Act regarding possession of illicit wash, the High Court of Kerala dismissed the petition. The single-judge bench found that the statutory grounds for bail were not satisfied.
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
MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932
Bail Appl..No. 2089 of 2009() ---------------------CRIME NO. 7 OF 2009 OF RANNI EXCISE RANGE
PETITIONER/ACCUSED
UTHAMAN, AGED 55 YEARS,S/O.GANGADHARAN, CHIRAPURATHU VEEDU, KOLLAMULA,PERUNAD PANCHAYATH,P ATHANAMTHITTA DISTRICT.
BY ADV. SRI.V.SETHUNATH
RESPONDENT(S): COMPLAINANT/STATE
PUBLIC PROSECUTOR SRI. P.A. SALIM
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
- - - - - - - - - - - - - - - - - Bail Application NO. 2089 of 2009
- - - - - - - - - - - - - - - - DATED: 22-3-2010
O R D E R
Petitioner who is the accused in Crime No. 7 of 2009 of
Ranni Excise Range for an offence punishable under Section 55
(g) of the Abkari Act, for having been found in possession of 500 litres of illicit wash, seeks anticipatory bail.
2. The learned Public Prosecutor opposed the
application.
3. I am not satisfied that both the grounds enumerated under Clause (b)(ii) of Sec. 41 A of the Abkari Act are present in this case so as to justify the release of the petitioner on bail.
This Application is accordingly dismissed.
V.RAMKUMAR,
JUDGE.
ani.
Bail A.No. -:2:-
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 41 A(b)(ii) of the Abkari Act.
Whether the grounds enumerated under Clause (b)(ii) are present to justify release on bail.
2 provisions across 2 enactments
UTHAMAN
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
