Pre-arrest bail application by the 2nd accused in an IMFL possession case was dismissed by the High Court, Kerala, as the request could not be allowed given the circumstances.
Request for pre-arrest bail was not allowed; application dismissed.
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
MONDAY, THE 26TH DAY OF MAY 2014/5TH JYAISHTA, 1936
Bail Appl..No. 2771 of 2014
CRIME NO. 12/2014 OF ADIMALY EXCISE RANGE OFFICE , IDUKKI
PETITIONER(S)/ACCUSED:
BIJU PAULOSE, AGED 40 YEARS, S/O PAULOSE, VEENALIL VEEDU, MEZHUKUMCHALKARA, IRUMPUPALAM, MANNAMKANDOM VILLAGE, DEVIKULAM TALUK.
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT(S)/STATE & COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682031.
2. EXCISE INSPECTOR,
BY PUBLIC PROSECUTOR SMT.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
THOMAS P. JOSEPH, J.
--------------------------------
Bail Appl. No.2771 of 2014
-------------------------------------------Dated this the 26th day of May 2014
O R D E R
Petitioner is the 2nd accused in Crime No.12 of
2014 of the Excise Range office, Adimali for the offence under Sec.55(i) of the Kerala Abkari Act for alleged possession of IMFL for sale, apprehends arrest and has filed the application.
stated, request for pre arrest bail cannot be allowed. The application is dismissed.
THOMAS P. JOSEPH
JUDGE
NS
3 issues framed by the court
Whether a plea for pre-arrest bail in an anticipatory bail scenario should be granted where the petitioner is apprehends arrest for alleged possession of contraband in his own house.
Whether pre-arrest bail can be allowed in the given circumstances.
Whether the application for bail in Crime No.12 of 2014 of Adimaly Excise Range Office should be allowed.
1 provisions across 1 enactments
BIJU PAULOSE
THE STATE OF KERALA
EXCISE INSPECTOR ADIMALI
THOMAS P JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
