Bail application dismissed by Kerala High Court. Court refused bail under Section 41A embargo despite incomplete investigation, citing prima facie connection to offence of illicit liquor manufacturing.
Bail granted to petitioners in Crime No.2136/2016 of Kottarakara Police Station denied; application dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 6TH DAY OF OCTOBER 2016/14TH ASWINA, 1938
Bail Appl..No. 7157 of 2016 -----------------------------
CRIME NO. 2136/2016 OF KOTTARAKKARA POLICE STATION, KOLLAM
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PETITIONER(S)/ACCUSED A1 &4:
1. BIJU JOHN, AGED 41 YEARS, S/O. YOHANNAN, YSV BHAVAN, AKKAVILA, THAMARAKUDI, MYLOM VILLAGE, KOLLAM DISTRICT.
2. PRADEEP @ MANU, AGED 37 YEARS, S/O. RAJASEKHARAN, THEKKEDATHU MINIMANDIRAM, THEKKETHERI, NADITHERI, PATTAZHY. NOW RESIDING AT A RENTED HOUSE NEAR VARIKKAVELI TEMPLE, KOCHALUMOODU, MYLOM, KOLLAM DISTRICT.
BY ADV. SRI.P.V.DILEEP
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031.
BY PUBLIC PROSECUTOR SRI AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
B.SUDHEENDRA KUMAR, J
B.A.No.7157 of 2016
Dated this the 6th day of October, 2016
O R D E R
The petitioners are accused Nos.1 and 4 in Crime No.2136/2016 of Kottarakara Police Station, registered for the offence under Section 8(2) of the Kerala Abkari Act.
The investigation is not yet complete. Since the learned Public Prosecutor has opposed the application, I am not inclined to
2
B.A.No.7157 of 2016
grant bail to the petitioners at this stage, in view of the embargo contained in Section 41A of the Kerala Abkari Act, particularly when there are materials to connect the petitioners with the commission of the offence.
In the result, this application stands dismissed.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE
sd
// True Copy // P.A. to Judge
2 issues framed by the court
Whether bail should be granted to accused persons facing prosecution for illicit liquor manufacturing under Section 8(2) of the Kerala Abkari Act.
Whether the embargo under Section 41A of the Kerala Abkari Act precludes bail at the interim stage.
2 provisions across 1 enactments
BIJU JOHN
PRADEEP @ MANU
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
