Justice Thomas P. Joseph dismissed the bail application of an accused charged under the Kerala Abkari Act. The court upheld the prosecution's objection based on the petitioner's multiple pending cases and dismissed the application due to justified apprehension of witness intimidation, directing expedited trial.
Bail application dismissed; trial to be expedited.
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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. 3889 of 2014 ()
CRIME NO. 1/2014 OF KAYAMKULAM EXCISE RANGE OFFICE, ALAPPUZHA
PETITIONER/ACCUSED:
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UDHEESH, AGED 27 YEARS, S/O. UDAYAN, PANDAKASALAYIL, KRISHNAPURAM MURI, KRISHNAPURAM VILLAGE, ALAPPUZHA DISTRICT.
BY ADV. SRI.VINCENT JOSEPH
RESPONDENT/COMPLAINANT:
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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
BY PUBLIC PROSECUTOR SMT.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
THOMAS P. JOSEPH, J.
Bail Appl.No. 3889 of 2014 ()
Dated this the 5th day of June, 2014
ORDER
Petitioner is accused in Crime No.1 of 2014 of the Kayamkulam Excise Range for the offenced punishable under Sectiond 8(1) & (2) and 67B of the Kerala Abkari Act for alleged possession and transportation of 2.5 liters of illicit arrack on 01.01.2014, is in custody since then and seeks bail.
Bail Appl.No. 3889 of 2014 ()
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the petitioner is involved in a total of 15 cases for various offences punishable under the Indian Penal code. He is also proceeded against under the KAAPA.
5.From the list of cases in which the petitioner is involved and given to me by the learned Public Prosecutor for perusal, it is seen that 15 cases including for sessions offence are registered against the petitioner. This Court dismissed B.A.No.3127 of 2014 on 09.05.2014, accepting objection of the prosecution that the petitioner might intimidate or influence the witnesses or abscond. That apprehension of the prosecution is justified from the various cases in which the petitioner is reported to be involved. The request, notwithstanding custody from 01.01.2014 cannot be allowed. The case has to be tried and disposed of as early as possible.
Bail Appl.No. 3889 of 2014 ()
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The application is dismissed.
Learned Addl. Sessions Judge-III, Mavelikkara is directed to expedite trial and disposal of S.C. No.242 of 2014 bearing in mind custody of the petitioner from 01.01.2014 .
Registry shall forward a copy of this order to the learned Addl. Sessions Judge-III, Mavelikkara for compliance.
Sd/THOMAS P. JOSEPH JUDGE
AMV
/TRUE COPY/
P.A.TO JUDGE
2 issues framed by the court
Whether the petitioner's bail application should be allowed given his involvement in multiple other cases and apprehension of witness intimidation.
Whether the expedition of trial is directed considering the extended period of custody.
Colour shows how this judgement treated each authority
B.A.No.3127 of 2014Referred¶3
UDHEESH
STATE OF KERALA
THOMAS P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
