Anticipatory bail application dismissed under Section 55(i) of the Abkari Act. Court held petitioner could not prove innocence given case diary materials and seized mobile phone linked to SIM in his name.
Petitioner directed to surrender before investigating officer and co-operate with investigation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE K.HEMA
WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932
Bail Appl..No. 3285 of 2010() -----------------------------------------(CR.NO.11/10 OF MANANTHAVADY EXCISE RANGE, WAYANAD DISTRICT)
PETITIONER (S): ACCUSED:
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THOMAS ANTONY, S/O. ANTONY, AGED 49 YEARS, KULATHINGAL VEEDU, VARAYAL.P.O, MANANTHAWADY, WAYANAD DISTRICT.
BY ADV. SRI.ELDHO PAUL
RESPONDENT(S): COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. EXCISE RANGE INSPECTOR, EXCISE RANGE, MANANTHAWADY. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
K.HEMA, J.
B.A. No. 3285 of 2010
Dated this the 21st day of July, 2010
O R D E R
This petition is for anticipatory bail.
B.A. No. 3285 / 2010 2
happened as early as on 12.04.2010. It is also pointed out that there is nothing in the F.I. Statement to identify petitioner. It is only stated that a person wearing a coffee brown colour shirt, ran away and this was seen at the distance of 30 metres.
B.A. No. 3285 / 2010 3
In the above circumstances, I am not inclined to grant anticipatory bail to petitioner. Petitioner is bound to surrender before the investigating officer and co-operate with the investigation.
This petition is dismissed.
K. HEMA, JUDGE
ln
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner charged under Section 55(i) of the Abkari Act.
Whether the materials in the case diary and seizure of a mobile phone negate the petitioner's plea of innocence.
1 provisions across 1 enactments
THOMAS ANTONY
STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR
EXCISE RANGE INSPECTOR MANANTHAWADY
KHEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
