This disposition refuses bail to an accused implicated in a contraband case under the Abkari Act. The High Court held the case was not fit for the exercise of extraordinary jurisdiction, directing the petitioner to surrender within a stipulated period.
Bail application dismissed; petitioner directed to surrender to Investigating Officer by 11.12.2012.
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 P.BHAVADASAN
MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934
Bail Appl..No. 8058 of 2012 ()
PETITIONER/ACCUSED A-3:
BINU KUMAR, AGED 31 YEARS S/O RAJAN PILLAI, KOCHU PUTHEN VEETIL EDAVANASSERY DESOM, MUYNAGAPPALLY VILLAGE KUNNATHOOR TALUK, KOLLAM DISTRICT
BY ADV. SRI.P.V.DILEEP
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
P. BHAVADASAN, J.
Dated this the 3rd day of December, 2012.
ORDER
Contraband articles were seized from the possession of accused No. 1 and accused No.2,who was present at the place, ran away from the place. During investigation, it was revealed that the money for the purchase of the contraband article seized from the possession of the first accused was provided by the third respondent, the petitioner herein. He was therefore arrayed as an accused in Crime No.190 of 2012 of Sasthamcotta Excise Range. He is alleged to have committed offences punishable under Sections 55(a), 55(i) and 67B of the Abkari Act.
B.A.8058/2012.
2
accused cannot be taken into consideration. The involvement of the petitioner cannot be ruled out now.
This application is accordingly dismissed.
However, if the petitioner is so advised, he may surrender before the Investigating Officer on or before 11.12.2012, who after interrogation shall produce him before the JFCM court concerned, which court, on an application or bail being moved by the petitioner, shall consider and pass orders thereon in accordance with law.
P. BHAVADASAN, JUDGE
sb.
1 issue framed by the court
Whether bail should be granted to the petitioner accused under Sections 55(a), 55(i) and 67B of the Abkari Act.
1 provisions across 1 enactments
Binu Kumar
State of Kerala
P.Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
