In a bail application regarding possession of illicit arrack, the Kerala High Court dismissed the request due to pending investigation, denying bail without prejudice to a future application.
Bail application dismissed without prejudice to filing a fresh application after investigation completion.
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
TUESDAY, THE 11TH DAY OF FEBRUARY 2014/22ND MAGHA, 1935
Bail Appl..No. 811 of 2014 ()
CRIME NO. 184/2013 OF BALUSSERY EXCISE RANGE OFFICE , KOZHIKODE
PETITIONERS/ACCUSED:
CHACKO, AGED 48 YEARS, S/O. LUKA, KUNNAMKUZHAKKAL VEEDU, PATHIPPARABHAGOM KOYILANDY TALUK, KOZHIKODE.
BY ADVS.SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE
RESPONDENTS/COMPLAINANT AND STATE:
BY PUBLIC PROSECUTOR SMT. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
smv
THOMAS P. JOSEPH, J.
=========================
Bail Application No. 811 of 2014
============================ Dated this the 11th February, 2014
O R D E R
Petitioner is accused in CR No.154 of 2013 of the Balussery Excise Range office for the offences punishable under Secs. 8(1) and (2) of the Abkari Act for alleged possession of 1.5 liters of illicit arrack, is in custody from 22.01.2014 and seeks bail.
Application is dismissed without prejudice to the petitioner moving fresh application at a later stage of the investigation.
Sd/-
THOMAS P.JOSEPH, JUDGE
//true copy//
P.A. to Judge
Smv
1 issue framed by the court
Whether bail can be granted to the accused in a case for illegal possession of arrack where investigation is not completed.
CHACKO
STATE OF KERALA
THOMAS P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
