In a bail application by Omana accused of offences under the Abkari Act, the High Court refused pre-arrest bail due to the nature of allegations and pending investigation, directing arrest if necessary.
Bail application dismissed; petitioner not to be released on bail; produced before magistrate if arrested.
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 THOMAS P.JOSEPH
WEDNESDAY, THE 4TH DAY OF JUNE 2014/14TH JYAISHTA, 1936
BAIL APPL..NO. 2428 OF 2014 ()
CRIME NO. 18/2014 OF KUNNAMANGALAM EXCISE RANGE OFFICE , KOZHIKODE
PETITIONER(S)/PETITIONER:
OMANA AGED 59 YEARS VADAKANCHERY HOUSE, POST POOVARANTHODU VIA KOODARANCHI, THAMARASSERY TALUK, KOZHIKODE DIST
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENT(S)/RESPONDENTS:
1. EXCISE INSPECTOR KUNNAMANGALAM, EXCISE RANGE, KOZHIKODE-673117
2. STATE OF KERALA
BY PUBLIC PROSECUTOR SHRI V.S SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.06.2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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B.A. No.2428 of 2014
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Dated this the 04th day of June, 2014
O R D E R
Petitioner is accused in Crime No.18 of 2014 of the Kunnamangalam Excise Range Office for the offences punishable under Section 55(g) of the Abkari Act, apprehends arrest and has filed this application.
true.
Application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
vsv
2 issues framed by the court
Whether pre-arrest bail should be granted in an abkari offence where 20 litres of wash were seized from the petitioner's house.
Whether the nature of allegations and materials on record justify the grant of bail.
Omana
Excise Inspector Kunnamangalam
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
