Single judge of the Kerala High Court dismissed a bail application filed by the second accused in a case involving possession of spirit under the Kerala Abkari Act, citing incomplete investigation and connection with the offence.
Petitioner's bail application dismissed; offender not released on bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938
Bail Appl.No. 6891 of 2016
CRIME NO. 52/2015 OF KAYAMKULAM EXCISE RANGE OFFICE, ALAPPUZHA
PETITIONER(S)/ACCUSED NO.2:
SREELAL,
S/O.LATE MOHANLAL, AGED 26 YEARS, KALLASSERIL HOUSE, GOVINDAMUTTOM MURI, PUTHUPALLY VILLAGE, ALAPPUZHA DISTRICT.
BY ADVS.SRI.D.SAJEEV (KAMBISSARI) SRI.K.T.SEBASTIAN
RESPONDENT(S)/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
2. THE EXCISE INSPECRTOR, EXCISE RANGE, KAYAMKULAM, ALAPPUZHA DISTRICT.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
B.SUDHEENDRA KUMAR, J.
==========================================
B.A No.6891 of 2016
========================================== Dated this the 5th day of October, 2016
ORDER
The petitioner is the second accused in Crime No.52
of 2015 of Kayamkulam Excise Range registered for the offence
under Section 55(a) of the Kerala Abkari Act.
of the provisions of the Abkari Act. The petitioner could not be
arrested from the spot. Thereafter, he surrendered before the court on 19.08.2016 and ever since he has been in custody.
application. It appears that there are materials to connect the petitioner with the commission of the offence. The investigation is not yet complete. Considering the facts and circumstances of the case, including the quantity of the contraband seized, I am of
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B.A No.6891 of 2016
the view that it is not safe to release the petitioner on bail at this stage.
In the result, this application stands dismissed.
Needless to say that the dismissal of this application will not take
away the right, if any, of the petitioner in approaching the court concerned for statutory bail.
Sd/-
B.SUDHEENDRA KUMAR,
JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the petitioner, who surrendered and is in custody for possession of contraband spirit under the Kerala Abkari Act, should be released on bail.
1 provisions across 1 enactments
Sreelal
State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
