The Kerala High Court dismissed a bail application where the petitioner faced charges under the Kerala Abkari Act and IPC. The court found serious allegations sufficient to warrant investigation and refused bail, noting potential disruption to the inquiry.
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
THURSDAY, THE 5TH DAY OF JUNE 2014/15TH JYAISHTA, 1936
Bail Appl..No. 2951 of 2014 ()
------------------------------CRIME NO. 23/2014 OF CHIRAYINKEEZHU EXCISE RANGE OFFICE , THIRUVANANDTHAPURAM.
PETITIONER/ACCUSED:
POULOSE, AGED 52 YEARS, S/O.SARVAS, AYYAPPAN THOTTAM, KAYIKKARA. P.O., KADAKKAVOOR, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN.
RESPONDENTS/STATE:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. THE EXCISE RANGE OFFICER, EXCISE RANGE OFFICE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT- 695 101.
BY PUBLIC PROSECUTOR SMT.LALIZA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2014, ALONG WITH BA. NO. 2952 OF 2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
THOMAS P. JOSEPH, J.
--------------------------------
Bail Appl. Nos.2951 & 2952 of 2014 -------------------------------------------Dated this the 5th day of June 2014
O R D E R
Petitioners apprehends arrest in Crime No.23 of
2014 of the Chirayinkeezhu Excise Range office and Crime No.163 of 2014 of the Ancuhthengu Police station for various offences under the Kerala Abkari Act and Indian Penal Code and have filed the applications.
Bail Appl. Nos.2951 & 2 2952 of 2014
Crime No.23 of 2014, the petitioners in B.A. No.2952 of 2014 and others resisted them and prevented them from discharging their official duty.
Bail Appl. Nos.2951 & 3 2952 of 2014
says about 20 persons including wife and neighbours of the petitioner in B.A. No.2951 of 2014 using criminal force against the excise officials but the allegation in Crime No.163 of 2014 is that 4 persons did so. It is also contended by the learned counsel that liquor (allegedly) seized from the house of the petitioner in B.A. No.2951 of 2014 is not illicit in so far as it is purchased form the outlet of the Kerala State Beverages Corporation (for short 'the corporation'). Certain documents are relied upon to support that contentions also.
Bail Appl. Nos.2951 & 4 2952 of 2014
excise officials/Police for the reason of the alleged contradiction pointed out by the learned counsel as to the number of persons involved in the attempt to rescue the petitioner in B.A. No.2951 of 2014. Primafacie, serious allegations are made out against the petitioners which required thorough investigation. Grant of pre arrest bail in such a situation would affect the investigation of the cases. As such request for pre arrest bail cannot be allowed.
The applications are dismissed.
It is directed that in case the petitioners are arrested, they shall be produced before the jurisdictional magistrate as early as possible.
THOMAS P. JOSEPH JUDGE
NS
2 issues framed by the court
Whether pre-arrest bail should be granted when prima facie serious allegations of selling illicit liquor and resisting arrest are made out.
Whether contradictions in police records regarding the number of persons involved in resistance undermine the prima facie case.
2 provisions across 2 enactments
POULOSE
STATE OF KERALA
THOMAS P JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
