The High Court of Kerala dismissed the petitioner's bail application in a case involving spirit smuggling and forgery of bills, noting the petitioner's prior absconding and lack of change in circumstances.
The bail application was dismissed as it was not maintainable without any change of circumstances.
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 B.KEMAL PASHA
FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937
Bail Appl..No. 446 of 2016 ()
CRIME NO. 404/2004 OF CBCID, KOLLAM & CR. NO. 176/2002 OF WEST POLICE STATION, KOLLAM DISTRICT
PETITIONER/4TH ACCUSED :
SURESH, AGED 46 YEARS D/O.DASAN, KULAMUTTOM (P.O.), KAVALYUR VARKALA, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM.
BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)
RESPONDENTS / STATE :
1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE WEST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA-31.
2. THE DEPUTY SUPERINTENDET OF POLICE CRIME BRANCH, KOLLAM-691 001.
R1 & R2 BY PUBLIC PROSECUTOR SMT. P. MAYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
B. KEMAL PASHA, J.
................................................................ B.A. No. 446 of 2016
............................................................... Dated this the 26th day of February, 2016
O R D E R
Once this Court had considered the request for anticipatory bail of the petitioner and the said application was dismissed through Annexure A-4 order. There is absolutely no change of circumstances in the matter.
B.A. No. 446 of 2016
-: 2 :-
No.176/2002 of Kollam West Police Station, presently pending as Crime No.404/CR/KLM/04 of CBCIDOCW-1, Kollam for the offences punishable under Sections 8(1) (2), 55(a) and 58 of the Abkari Act.
Even though, according to the petitioner, he had no knowledge with regard to the crime, the same cannot be believed at present. The contents of the CD reveals otherwise. Considering the facts and circumstances of the case and the gravity of the matter, this is not a fit case wherein anticipatory bail can be granted to the petitioner.
B.A. No. 446 of 2016
-: 3 :-
There is no change of circumstances also. Matters being so, this Bail Application is not maintainable and hence it is
dismissed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner who was absconding and alleged to be involved in spirit smuggling and forgery.
Whether there has been any change of circumstances since the previous dismissal of the bail application.
1 provisions across 1 enactments
Suresh
State of Kerala
Deputy Superintendent of Police Crime Branch Kollam
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
