The Kerala High Court dismissed two bail applications filed by an accused charged with possession of arrack under the Kerala Abkari Act. Citing involvement in multiple similar cases, the court held bail inappropriate at this stage.
Bail application dismissed; accused remains in custody.
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 N.K.BALAKRISHNAN
MONDAY, THE 16TH DAY OF JULY 2012/25TH ASHADHA 1934
Bail Appl..No. 4342 of 2012 ()
-----------------------------IN CRIME NO.22/2012 OF ARYANADU EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT
PETITIONER/ACCUSED :
SHYLAJA D/O. SARASWATHY, EDAVILAKATHU VEEDU, PARUTHIPALLY KOKKUDI MURI, MANNOORKARA VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM.
BY ADVS.SRI.T.A.UNNIKRISHNAN
SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN
RESPONDENT/COMPLAINANT (S) :
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING EXCISE INSPECTOR ARYANAD EXCISE RANGE.
BY PUBLIC PROSECUTOR, SRI.SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-07-2012, ALONG WITH B.A. NO.4343/2012 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
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B.A.Nos. 4342 and 4343 of 2012
=========================
Dated this the 16th day of July, 2012
ORDER
Petitioner is the accused in Crime Nos.22/2012 and 35/2012 of Aryanadu Excise Range, Thiruvananthapuram District. The offence alleged against her is under Sec.8(1) r/w 8(2) of the Kerala Abkari Act. The petitioner has been in custody since 13.06.2012.
Considering all the aspects, I am not inclined to grant bail to the petitioner at this stage. Hence, both applications are dismissed.
N.K.BALAKRISHNAN, JUDGE
das
2 issues framed by the court
Whether bail should be granted to the accused charged under Sections 8(1) and 8(2) of the Kerala Abkari Act.
Whether the fact of the petitioner being involved in seven similar cases warrants refusal of bail.
1 provisions across 1 enactments
SHYLAJA D/O. SARASWATHY
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
