Single judge of High Court of Kerala dismissed bail application of accused found in possession of spirit under Abkari Act, finding it too early to claim false implication and not satisfied that statutory grounds for release were met.
Petitioner's plea for enlargement on bail rejected; application dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933
Bail Appl..No. 2160 of 2011() ----------------------------CR.4/2010 OF AMARAVILA POLICE STATION CMP.1121/2011 of J.M.F.C.-II,NEYYATTINKARA
PETITIONER/END ACCUSED
RIYAS,AGED 32 YEARS,S/O.MUMMY, ALENCHERRY VEEDU,VILLUMUKKU PO,KANIYAMPOTTA VILLAGE,VYTHIRI TALUK,WYNAD DISTRICT.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT(S): COMPLAINANT/STATE
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No.2160 of 2011
DATED: 01.04.2011
O R D E R
In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who
is the 2nd accused in C.R.No.4/2010 of Amaravila Excise Range for an offence punishable under Sec.55(a), 58 and 67B of the Abkari Act
for allegedly having been found in possession of 8086 litres of spirit, seeks his enlargement on bail.
he has been falsely implicated in the case. Moreover, I am not satisfied that both the grounds enumerated under sec.41A (b)(ii) of
the Abkari Act are present in this case so as to justify his release on bail.
With the above observation this Application is dismissed.
Dated this the 1st day of April, 2011.
V.RAMKUMAR, JUDGE.
sj
2 issues framed by the court
Whether the petitioner is entitled to bail under Sec. 439 Cr.P.C. for offences under the Abkari Act.
Whether the grounds enumerated under Sec. 41A(b)(ii) of the Abkari Act are present to justify release on bail.
3 provisions across 2 enactments
RIYAS
STATE
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
