The Kerala High Court granted bail to the petitioner accused of possessing illicit liquor under section 55(a) of the Kerala Abkari Act, considering the duration of custody and investigation stage.
Petitioner released on bail after executing a bond of Rs. 50,000/- with two sureties and complying with further conditions.
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
MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937
Bail Appl.No. 2498 of 2015
CRIME NO. 183/2015 OF VELLARIKUNDU POLICE STATION, KASARGOD
PETITIONER(S)/ACCUSED:
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JOSEPH M.G. AGED 56 YEARS, S/O.GEORGE, RESIDING AT MELEMURIYIL HOUSE, MANCHUVAL, KAMMADI, MALOM VILLAGE, VELLARIKUNDU TALUK, KASARGOD DISTRICT.
BY ADV. SRI.T.MADHU
RESPONDENT(S)/STATE:
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THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION, KASARGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
K. ABRAHAM MATHEW, J.
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B.A.No. 2498 of 2015
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Dated this the 8th day of June, 2015
O R D E R
Petition filed u/s.439 Cr.P.C.
section 55(a) of the Kerala Abkari Ac. He was found to be in possession of 5 litres of illicit liquor. It is submitted that he has
been in custody since 13.04.2015 and he may be granted bail.
3.Heard.
In the result, this application is allowed.
B.A.No. 2498 of 2015
::2::
In case of violation, the lower court concerned is empowered to cancel the bail in accordance with the law.
Sd/-
K. ABRAHAM MATHEW, JUDGE
DST
//True copy//
P.A. To Judge
1 issue framed by the court
Whether bail should be granted to the accused under section 439 Cr.P.C. in view of the period of custody and stage of investigation.
2 provisions across 2 enactments
JOSEPH M.G.
THE STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
