The High Court of Kerala dismissed a bail application filed by an accused seeking release for alleged possession of spirit. The court found both statutory grounds for bail were absent, despite the challenge of false implication.
The bail application filed by the petitioner seeking enlargement on bail was dismissed.
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 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932
Bail Appl..No. 7754 of 2010()
---------------------------------------CRIME NO.916/2010 OF MUNNAR POLCIE STATION.
PETITIONER/2ND ACCUSED:
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PRABHAKARAN, S/O.PONNUPILLA, WEST DN., NYMAKAD ESTATE, MUNNAR, K.D.H.VILLAGE.
BY ADV. SRI.K.A.AUGUSTINE
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, MUNNAR, IDUKKI DISTRICT.
PUBLIC PROSECUTOR SRI.M.S.BREEZE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
V. RAMKUMAR, J.
Bail Application No.7754 of 2010
Dated this the 13th day of December, 2010
O R D E R
In this Petition filed under Sec.439 Cr.P.C. the petitioner who is accused No.2 in Crime No.916 of 2010 of Munnar Police Station for an offence punishable under Section 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 105 litres of spirit, seeks his enlargement on bail. The petitioner was surrendered on 16/11/2010.
With the above observation this Application is dismissed.
V.RAMKUMAR, JUDGE
skj
2 issues framed by the court
Whether the petitioner is entitled to enlargement on bail under Section 439 Cr.P.C. for an offence under the Abkari Act.
Whether the grounds enumerated under Section 41A(b)(ii) of the Abkari Act are present in this case to justify release on bail.
3 provisions across 2 enactments
Prabhakaran
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
