The High Court of Kerala dismissed a bail application filed by two accused charged with possessing arrack, finding them to be habitual offenders likely to commit similar offences if released.
Regular bail application dismissed; petitioners to continue in judicial custody till the whole investigation process is over.
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 P.UBAID
FRIDAY, THE 15TH DAY OF JULY 2016/24TH ASHADHA, 1938
Bail Appl..No. 5138 of 2016 ()
------------------------------CRIME NO. 46/2016 OF BADIADKA EXCISE RANGE, KASARGOD DISTRICT
PETITIONER(S)/ACCUSED 1 AND 2:
1. ANIL KUMAR, AGED 25 YEARS, S/O. APPA NAIK,
MALLAMPARA VEEDU, MALLAMPARA DESOM, ADOOR VILLAGE, KASARAGOD TALUK.
2. KRISHAN NAIK,
S/O. EITHAPPA NAIK, AGED 41 YEARS, THANKENADUKKAM, KARIVEDAKAM VILLAGE, KASARAGOD TALUK.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT(S)/COMPLAINANT AND STATE:
1. THE STATION HOUSE OFFICER, BADIADKA EXCISE RANGE, KASARAGOD. PIN-673 122
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
BY PUBLIC PROSECUTOR SMT. R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.UBAID, J.
~~~~~~~~~~
B.A No.5138 of 2016
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Dated this the 15th July, 2016
O R D E R
The petitioners herein are the accused Nos.1 and 2 in Crime No.46 of 2016 of the Badiadka Excise Range registered under Sections 8(1) and 8(2) of the Kerala Abkari Act. They seek regular bail under Section 439 of the Code of Criminal Procedure. The application filed by them for regular bail was dismissed by the learned Judicial First Class Magistrate-I, Kasaragod on 23.6.2016. The petitioners have been in judicial custody since 15.6.2016.
B.A No.5138 of 2016
2
whole investigation process is over. Hence this application is dismissed.
P.UBAID JUDGE
ma
/True copy/
3 issues framed by the court
Whether the petitioner is eligible to be granted regular bail in an abkari case involving illicit distillation.
Whether past habit of involvement in illicit distillation renders the petitioner a flight risk or danger to public order.
Whether the petitioner requires continued judicial custody for the duration of the investigation process.
2 provisions across 2 enactments
ANIL KUMAR
KRISHAN NAIK
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
