In a bail application under Section 439(1) Cr.P.C. regarding sale of foreign liquor under the Abkari Act, the High Court of Kerala denied bail, finding prima facie evidence of the offence and lack of reasonable grounds to believe the accused was not guilty or unlikely to reoffend.
Bail application dismissed; petitioner not released on bail.
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 K.ABRAHAM MATHEW
FRIDAY, THE 2ND DAY OF MAY 2014/12TH VAISAKHA, 1936
Bail Appl..No. 2962 of 2014
CRIME NO. 21/2014 OF KILIMANOOR EXCISE RANGE OFFICE, THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED:
SIVA PRASAD, AGED 56 YEARS, S/O.PADMANABHAN, PREETHAVILASOM VEEDU, SEEMANTHAPURAM DESOM, JHARAYILKONAM, MADAVOOR VILLAGE, CHIRAYINKEEZH TALUK.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT(S)/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, (CRIME NO.21/2014 OF KILIMANOOR EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT).
BY PUBLIC PROSECUTOR SRI.REJI JOSEPH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
K.ABRAHAM MATHEW, J.
========================
B.A. No. 2962 of 2014
-------------------------------------------Dated this the 2nd day of May, 2014
ORDER
The petition is filed under Section 439(1) Cr.P.C. read with Section 41A of the Abkari Act.
B.A. No. 2962 of 2014 -2-
the prosecution. I am not satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offences or that he is not likely to commit any offence under the
Abkari Act while on bail. He cannot be released on bail at this stage.
In the result, this application is dismissed.
K.ABRAHAM MATHEW, JUDGE.
kp/-
1 issue framed by the court
Whether the petitioner satisfies the reasonable grounds test for bail release under Section 439(1) Cr.P.C. in connection with the Abkari Act offence.
3 provisions across 2 enactments
Siva Prasad
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
