Dismissed

Vijayan v. State of Kerala

Kerala HC13 Jun 2016Bail Appl./3727/2016

Case brief

AI extract

What is this about?

This is a pre-arrest bail application under the Kerala Abkari Act. The High Court dismissed the plea as the petitioner is a habitual offender involved in distillation of arrack and has multiple pending cases against him, creating a prima facie case of future offence commission.

What did the court decide?

The application for pre-arrest bail is dismissed. The petitioner must continue in custody pending investigation.

Vijayan Vs State of Kerala — Quashing and FIR | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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MONDAY, THE 13TH DAY OF JUNE 2016/23RD JYAISHTA, 1938

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Bail Appl..No. 3727 of 2016 ()

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CRIME NO. 21/2016 OF KONNY EXCISE RANGE, PATHANAMTHITTA DISTRICT.

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PETITIONER/ACCUSED:

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VIJAYAN, AGED 50 YEARS, S/O. NARAYANAN, PALACHUVATTIL HOUSE, NJAKKUNILAM, VALLICODU VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT.

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BY ADVS.SRI.JOHN MATHEW (THEREZHATH), SRI.JOBIN JOHN, SRI.P.R.ASHOK KUMAR.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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P.UBAID, J.

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============================ B.A.No.3727 of 2016

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============================ Dated this the 13^th day of June, 2016

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ORDER

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The petitioner herein seeks pre arrest bail on the apprehension of arrest in Crime No.21 of 2016 of the Konni Excise Range, registered under Sections 55(g) and 8(1)(2) of the Kerala Abkari Act. The prosecution case is that at about 8 p.m on 01.03.2016 the petitioner was found possessing huge quantity of 5 litres of arrack, and 40 litres of wash meant for distillation of arrack. Seeing the Excise Party, he ran off and escaped. The contraband articles abandoned by the petitioner were seized by the Excise Inspector as per mahazar, and the crime was registered against the petitioner who was well identified by the Excise Officials. There is report that the petitioner is involved in eleven other cases under the Kerala Abkari Act. There is every reason to believe that he is a person habitually involving in the distillation and distribution of

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B.A.No.3727 of 2016 2

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arrack which is prohibited in the State of Kerala. The pending cases against him are not 1 or 2; it is eleven in number. There is no doubt at all that if he is granted pre arrest bail, he will definitely commit similar offences, being a person habitually involving in similar offences. The petitioner must continue in custody till the whole investigation process is over. The Excise Inspector will have to make earnest efforts to arrest him immediately. For the reasons above stated, this application for prearrest bail is dismissed.

Sd/-

P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Vijayan v. State of Kerala

Case brief

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Vijayan v. State of Kerala

Case brief

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