The single accused sought bail for possessing coloured arrack alleged under the Abkari Act. The court rejected arguments of false implication and denied bail, finding the statutory grounds for release under the Abkari Act weren't established. Application dismissed.
Petitioner's bail application dismissed; plea of false implication rejected;不足以 justify release.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933
Bail Appl..No. 3475 of 2011() ----------------------------CMP.1816/2011 of J.M.F.C., HARIPAD CRIME NO. 38/2011 of KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA
PETITIONER/ACCUSED:-
---------------------------PRASAD, AGED 43 YEARS, S/O.DAMODHARAN, SARANYA BHAVAN, ARATTUPUZHA, KIZHAKKEKKARA VADAKKU MURI, ARATTUPUZHA.
BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT/COMPLAINANT:-
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE EXCISE INSPECTOR, KARTHIKAPPALLY EXCISE RANGE.
ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
B.A. No. 3475 of 2011
Dated this the 15th day of June, 2011.
O R D E R
In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.38 of 2011 of Kartikappally Excise Range, Alappuzha for an offence punishable under sec. 8 (2) of the Abkari Act for allegedly having been found in possession of 26.250 litres of coloured arrack, seeks his enlargement on bail.
With the above observation this Application is dismissed.
V.RAMKUMAR, JUDGE.
rv
//True Copy//
P.A to Judge.
3 issues framed by the court
Whether the petitioner is entitled to release on bail under Sec. 439 Cr.P.C. for guilt of possessing coloured arrack.
Whether the grounds under sec.41A (b)(ii) of the Abkari Act are present to justify discharge on bail.
Whether the contention of false implication justifies granting bail.
2 provisions across 2 enactments
Prasad
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
