The High Court of Kerala dismissed a bail application filed by an accused charged with illicit trade of arrack under the Kerala Abkari Act, deeming it unsafe to release him due to high risk of repeat offences.
Bail application dismissed; petitioner remains in judicial custody.
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 2ND DAY OF SEPTEMBER 2016/11TH BHADRA, 1938
Bail Appl..No. 6330 of 2016 ()
------------------------------CRIME NO. 155/2016 OF PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT
PETITIONER/ACCUSED:
VINEETH, S/O.RAJAPPAN, AGED 28 YEARS, BINU BHAVAN, UDAYANCHIRA VAZHAPPARA COLONY, PATHIRICKAL MURI, PATHANAPURAM VILLAGE, PATHANAPURAM TALUK, KOLLAM.
BY ADV. SRI.B.MOHANLAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR, PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.UBAID, J.
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B.A No.6330 of 2016
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Dated this the 2nd day of September, 2016
O R D E R
The petitioner herein is the sole accused in Crime No.155/2016 of the Pathanapuram Excise Range, registered under Section 8(i) and (ii) of the Kerala Abkari Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate III, Punalur, on 23.8.2016. The petitioner has been in judicial custody since 23.8.2016.
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B.A No.6330 of 2016
with arrack or other liquor. His antecedents will have to be thoroughly probed into. I feel it unsafe to release him at this stage. I find the possibility of the petitioner committing similar offences, if he is granted bail.
In the result, this application for bail is dismissed.
Sd/P.UBAID JUDGE
//True Copy//
P.A to Judge
ab
1 issue framed by the court
Whether bail can be granted to an accused facing charges under the Kerala Abkari Act who is alleged to be a habitual offender.
2 provisions across 2 enactments
VINEETH, S/O.RAJAPPAN
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
