Dismissed

Saju Antony v. State of Kerala

Kerala HC12 Jul 2012Bail Appl./4732/2012

Case brief

AI extract

What is this about?

In this bail application, the High Court of Kerala at Ernakulam dismissed the petition filed by Saju Antony, the second accused. The court refused bail in a case involving rash and negligent driving resulting in death and illegal transport of liquor, noting lack of fulfillment of requirements under the Abkari Act.

What did the court decide?

Bail application dismissed; petitioner not granted bail.

Saju Antony Vs State of Kerala — Motor Accident Claims | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

¶4

THURSDAY, THE 12TH DAY OF JULY 2012/21ST ASHADHA 1934

¶5

Bail Appl..No. 4732 of 2012 ()

¶6

(CRIME NO.1174/10 OF VATAKARA POLICE STATION, CALICUT DIST.)

¶7

PETITIONER/ACCUSED:

¶8

SAJU ANTONY, AGED 41 YEARS S/O.ANTONY, KANDATHIL HOUSE, VINNGADU P.O. VATAKARA, CALICUT.

¶9

BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU)

¶10

RESPONDENT/COMPLAINANT:

¶11

1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

¶12

2. SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, CALICUT DIST. 673001.

¶13

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

¶16

N.K.BALAKRISHNAN, J.

¶17

==================

¶18

B.A.No. 4732 of 2012

¶19

========================= Dated this the 12^th day of July, 2012

¶20

ORDER

¶21

Petitioner is the 2^nd accused in Crime No.1174/2010 of Vatakara Police Station, Kozhikode District. The offences alleged against him and other accused are under Sec.304(A) of IPC and Sec.55(a) of Abkari Act. The petitioner has been in custody since 27.06.2012.

¶22

It is alleged that on 04.11.2010 at 11.00 AM, A1 drove a car, along the National Highway at Vatakara, in a rash and negligent manner and it hit a motor cycle as a result of which the motor cyclist succumbed to the injuries sustained in the accident. When the police intercepted the car, huge quantity of IMFL imported from the State of Pondichery was seen in the car. It is alleged that the liquor bottles were packed and loaded into the car from the Quarter occupied by A2 at Mahi and that A2

¶23

B.A.No.4732/2012

¶24

: 2 :

¶25

had escorted the car in another vehicle.

¶26

Learned counsel for the petitioner submits that the accused was not responsible for the offence under Sec.304(A) of IPC. True, the petitioner, 2^nd accused cannot be held liable for the act of negligent driving by the other man. It is further argued on behalf of the petitioner that the petitioner was not inside the car at the time of the incident and so he cannot be held liable for transport of the liquor mentioned above. Since, the liquor was imported from the Sate of Pondichery and since it was not intended to be sold out of Pondichery/Mahi, the transport/possession of the same would attract Sec.55(a) of Abkari Act. Besides, the liquor seized was of very large quantity. It is submitted by the learned counsel for the petitioner that A1 was granted bail.

¶27

Learned public prosecutor submits that A1 was arrested on 06.04.2012 and was released on bail only after considering the period of detention of more than 40 days. The quantity of liquor seized is reported to be

¶28

B.A.No.4732/2012

¶29

: 3 :

¶30

150.3750 litres. The learned public prosecutor submits that this petitioner was the brain behind in illegally transporting huge quantity of liquor and that investigation revealed that he (A2) was escorting/piloting

¶31

the other vehicle driven by A1. According to the prosecution, A1 was only a carrier engaged by this petitioner. I don't find the grounds mentioned in Sec.41A of Abkari Act having been satisfied in this case so as to grant bail to the petitioner at this stage.

¶32

Considering all the aspects, I am not inclined to grant bail to this petitioner. This application for bail is, hence, dismissed.

¶33

N.K.BALAKRISHNAN, JUDGE

¶34

das

Saju Antony v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saju Antony v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

N.S.Vinodh Kumar Vs State of Kerala

K.Ramachandran Vs State of Kerala

Ridhul B.R. Vs State of Kerala

Naresh Kumar Garg Vs State of Kerala

Nasar Vs State of Kerala

Rajeev Vs State of Kerala