A bail application was filed for anticipatory bail in connection with an offence under Section 55(a) of the Abkari Act involving seized illicit liquor. The accused claimed the police took his motorcycle; the prosecution stated the liquor belonged to the petitioner. The court dismissed the application citing the gravity of the offence.
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. 5515 of 2012 ()
IN CRIME NO.969/2012 OF OACHIRA POLICE STATION KOLLAM DISTRICT
PETITIONER(S)/ACCUSED:
DEEPULAL,, AGED 30 YEARS S/O.BABU,PALAMOOTTIL,AZHEEKKAL THURA AZHEEKAL.P.O,KOLLAM-690547.
BY ADVS.SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR SRI.K.JAGADEESH
RESPONDENT(S)/COMPLAINANT AND STATE:
1. THE SUB INSPECTOR OF POLICE,
2. THE STATE OF KERALA,
BY PUBLIC PROSECUTOR, SRI. RAJESH VIJAYAN
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. 5515 of 2012
========================= Dated this the 7th day of August, 2012
ORDER
Petitioner is the accused in Crime No.969/2012 of Oachira Police Station, Kollam District. The offence alleged against him is under Sec.55(a) of Abkari Act. Apprehending arrest, this petition is filed for anticipatory bail.
B.A.No.5515/2012
: 2 :
to the petitioner, the contraband articles mentioned above were recovered from “Pulimuttu” and it was one Rajan, Anjilimoottil, Azheekkal PO, Alappad, who had kept the same. It is also stated that he had made complaints to the higher authorities for a proper investigation.
Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. Hence, it is dismissed. When the accused surrenders or is arrested and produced he can raise all the contentions before the learned Magistrate.
N.K.BALAKRISHNAN, JUDGE
das
1 issue framed by the court
Whether anticipatory bail should be granted to the accused apprehending arrest under Section 55(a) of the Abkari Act.
1 provisions across 1 enactments
Deepulal
The State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
