The Kerala High Court dismissed a bail application under Section 438 Cr.P.C. where the Public Prosecutor opposed it due to an embargo under Section 41A of the Kerala Abkari Act arising from the registration of a crime regarding possession of IMFL.
Bail application dismissed; petitioner advised to surrender for regular bail.
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.SUDHEENDRA KUMAR
MONDAY, THE 3RD DAY OF OCTOBER 2016/11TH ASWINA, 1938
Bail Appl..No. 6880 of 2016
C.R NO. 206/2016 OF ADOOR EXCISE RANGE, PATHANAMTHITTA DISTRICT
PETITIONER(S)/ACCUSED - A(2) :
RAJEEV, AGED 48 YEARS, S/O. KARUTHA KUNJU, RUCHITHA BHAVANAM, KURUMBAKARA MURI, ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY 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 03-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
B.SUDHEENDRA KUMAR, J
B.A.No.6880 of 2016
Dated this the 3rd day of October, 2016
O R D E R
The petitioner is the accused in Crime No.206/2016 of
Adoor Excise Range, registered under Section 55(i) of the Kerala Abkari Act.
of Indian Made Foreign Liquor for the purpose of sale in contravention of the provisions of the Kerala Abkari Act.
2
B.A.No.6880 of 2016
of the petitioner, particularly when there are materials to prima facie connect the petitioner with the commission of the offence.
In the result, this bail application stands dismissed.
However, since a crime has been registered, the petitioner shall be at liberty to surrender before the court concerned and apply for regular bail, if so advised. If the petitioner surrenders before the court and applies for regular bail after giving copy of the application for bail in advance to the learned Assistant Public Prosecutor, the learned Magistrate shall consider and dispose of the application for bail as expeditiously as possible, in accordance with law.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE
sd
// True Copy // P.A. to Judge
1 issue framed by the court
Whether antecedents against the petitioner justify refusal of anticipatory bail.
3 provisions across 2 enactments
RAJEEV
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
