In a bail application concerning possession of arrack under the Abkari Act, the Kerala High Court allowed bail for the petitioner held in custody, finding continued custody unnecessary absent absconding apprehension.
Petitioner granted bail subject to bond of Rs. 25,000, sureties, and attendance conditions.
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
WEDNESDAY, THE 5TH DAY OF DECEMBER 2012/14TH AGRAHAYANA 1934
Bail Appl..No. 8065 of 2012 ()
CRIME NO.97/2005 OF KARTHIKAPPALLY EXCISE RANGE.
PETITIONER(S)/ACCUSED:
VASAVAN, AGED 53 YEARS S/O.KUNJUPANICKAN,NANSI NIVAS THRIKKUNNAPUZHA KIZHAKKEKARA VADAKKUM MURI KARTHIKAPPALLY TALUK,ALAPPUZHA DISTRICT.
BY ADV. SMT.S.L.SYLAJA
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
P.BHAVADASAN, J.
B.A. No.8065 of 2012
Dated this the 5th day of December, 2012
O R D E R
Petitioner was caught red handed with 9.8 litres of arrack and surrendered before the Investigating Officer and was remanded to custody from 17.10.2012 onwards. He has been booked for the offences punishable under Section 8(2) and 55(g) of the Abkari Act.
B.A.No.8065/2012 :2:
expressed by the investigating agency that if released on bail the petitioner is likely to abscond, it is felt that the petitioner's continued custody is unnecessary. Accordingly the application is allowed and the petitioner is granted bail subject to the following conditions:
P.BHAVADASAN, Judge.
okb.
1 issue framed by the court
Whether the petitioner, caught red handed with arrack and in custody since October 17, 2012, is eligible for bail pending investigation.
2 provisions across 2 enactments
Vasavan
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
