Petitioner sought pre-arrest bail under Section 438 CrPC in a case under the Abkari Act. The High Court denied the relief, noting prior crimes, but allowed surrender for regular bail.
Pre-arrest bail denied; option to surrender for regular bail allowed.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 25TH DAY OF JANUARY 2016/5TH MAGHA, 1937
Bail Appl..No. 132 of 2016
C.R.NO.54/2015 OF THIRUVALLA EXCISE RANGE, PATHANAMTHITTA DISTRICT
PETITIONER(S)/ACCUSED NO.2 :
ARUNKUMAR, AGED 30 YEARS, S/O.RADHAMANI, KOZHIMALA HOUSE, VALLAMKULAM KIZHAKKU MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.S.HYMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
RAJA VIJAYARAGHAVAN.V., J
B.A. 132 of 2016
ORDER
B.A.132/16
2
entrusted 4 bottles of IMFL to his mother for the
purpose of sale.
petitioner as well as the learned Public Prosecutor.
5.The learned counsel appearing for the petitioner submits that it is far fetched to believe that a son would entrust his own mother foreign liquor for the purpose of sale. It is further submitted that the allegations are absolutely false and as his mother has already been arrested and she has suffered incarceration, there is no point in directing the petitioner to undergo detention in jail.
B.A.132/16
3
involved in three other crimes of identical nature.
8.However, the option of the petitioner to surrender before the Investigating Officer or the learned Magistrate and seek for regular bail shall remain unfettered. If the petitioner so appears and applies for bail, the learned Magistrate shall proceed to pass appropriate orders on merit, in accordance with law and expeditiously.
Sd/-
RAJA VIJAYARAGHAVAN.V. Judge
Mrcs/25.1.2016
//True Copy// P.S To Judge
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in view of prior charges and nature of the offense.
2 provisions across 2 enactments
ARUNKUMAR
STATE OF KERALA
RAJA VIJAYARAGHAVAN.V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
