The High Court of Kerala, in a bail application under the Kerala Abkari Act, rejected the plea of the fourth accused driver involved in illegal spirit transport, dismissing the petition due to the grave nature of the charges and prosecution evidence establishing complicity.
Bail application dismissed; petitioner not inclined to be released on bail.
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
TUESDAY, THE 7TH DAY OF AUGUST 2012/16TH SRAVANA 1934
Bail Appl..No. 5504 of 2012 () -----------------------------IN CRIME NO.48/2012 OF EXCISE RANGE, ERNAKULAM
ACCUSED(S)/ACCUSED NO.4:
ABHILASH, AGED 34 YEARS S/O.MANOHARAN, PUTHANVEETTIL, CHERUTHONY IDUKKI DISTRICT.
BY ADV. SMT.SMITHA GEORGE
COMPLAINANT(S):
1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE ASSISTANT EXCISE COMMISSIONER ERNAKULAM.683 101.
3. THE EXCISE RANGE INSPECTOR ERNAKULAM RANGE-683 101.
BY PUBLIC PROSECUTOR, SMT. JASMINE V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==================
B.A. No. 5504 of 2012
========================= Dated this the 7th day of August, 2012
ORDER
Petitioner is the fourth accused in Crime No.48/2012 of Ernakulam Excise Range. The offences alleged against him and other accused are under Secs. 55(a), 55D, 55E, 55F, 55G, 58 and 62 of the Kerala Abkari Act. Petitioner has been in custody since 10.07.2012. Hence, he seeks bail.
B.A.No.5504/2012
: 2 :
of spirit in cans measuring 35 litres each; the total quantity was stated to be 1728 litres. Investigation reveals that this petitioner was the driver of the said lorry. He was engaged by A1, it is alleged. The lorry and contraband articles were seized as per the Mahazar. Investigation further revealed the complicity of other accused persons.
B.A.No.5504/2012
: 3 :
minutes, the petitioner used to contact the first accused intimating the locations where it reached and as to what was transpiring. It was for A1, the spirit was being illegally transported.
Considering the fact that huge quantity of the spirit was illegally transported and the gravity of the offence, I am not inclined to grant bail to the petitioner at this stage. It is, hence, dismissed.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
// True copy //
PA to Judge
3 issues framed by the court
Whether the petitioner, a driver engaged in illegal spirit transport, shall be granted bail.
Whether the gravity of the offence under the Kerala Abkari Act warrants denial of bail.
Whether the petitioner's claimed lack of knowledge about the lorry's contents entitles him to bail.
1 provisions across 1 enactments
Abhilash
State of Kerala
N.K.RBALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
