Single judge dismissed anticipatory bail application under Section 438 Cr.P.C. due to public prosecutor's objection and prima facie connection to the commission of offence under Section 55 of Abkari Act, directing surrender instead.
Application stands dismissed; petitioner directed to surrender before Excise Inspector within 10 days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937
Bail Appl..No. 3160 of 2015 ()
AGAINST THE ORDER IN CRMP 872/2015 of ADDL.SESSIONS COURT - II, KALPETTA DATED 13.05.2015 CRIME NO. 54/2015 OF SULTHANBATHERY EXCISE RANGE OFFICE, WAYANAD
PETITIONER(S)/ACCUSED:
MAHESH, AGED 32 YEARS S/O. SASIDHARAN, POOLAKKANDA HOUSE, NAMBIARKUNNU P.O. NENMENI AMSOM, SULTHANBATHERY TALUK, WAYANAD.
BY ADV. SRI.M.PREMKUMAR
RESPONDENT(S)/STATE:
STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR SULTHANBATHEY EXCISE RANGE, WAYANAD REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.M.G.LISHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Pn
B.SUDHEENDRA KUMAR, J.
Bail Application No. 3160 of 2015
Dated this the 17th day of June, 2015
O R D E R
The petitioner is the accused in Crime No.54/2015 of Sulthanbathery Excise Range registered under Section 55(a) and (i) of the Abkari Act.
2
B.A.No. 3160 of 2015
438 Cr.P.C. is dealt with. Since the learned Public Prosecutor has opposed the application, I am not inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioner, particularly, when there are materials to prima facie connect the petitioner with the commission of the offence.
In the result, this application stands dismissed. However, the petitioner shall be at liberty to surrender before the Excise Inspector, Sulthanbathery within 10 days , if so advised. In the event of such surrender, the Excise Inspector shall produce the petitioner before the Jurisdictional Magistrate after interrogation. If the petitioner files any application for bail on his production before the Jurisdictional Magistrate, the learned Magistrate shall consider and dispose of the application for bail, as expeditiously as possible, strictly in accordance with law.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE.
/true copy/
P. A. to Judge
Pn
1 issue framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. in a case where the public prosecutor opposed the application and prima facie materials exist connecting the petitioner to the offence.
4 provisions across 2 enactments
MAHESH
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
