Single-day bail order dismissing Section 438 pre-arrest bail application for a third accused in an excise liquor case, ruling it was not a fit case despite claims of wrongful implication.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937
Bail Appl..No. 7394 of 2015 ()
CR. NO. 61/2015 OF CHERPU EXCISE RANGE, THRISSUR.
APPLICANT/3RD ACCUSED:
RENSU, AGED 32 YEARS, S/O. SUNIL, VAZHAPPULY HOUSE, EDAMUTTOM, CHAVAKKAD, THRISSUR DISTRICT.
BY ADVS.SRI.SANTHOSH P.PODUVAL, SMT.R.RAJITHA, SMT.VINAYA V.NAIR.
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
SUNIL THOMAS, J.
B.A.No.7394 of 2015
Dated this the 7th day of January, 2016
ORDER
The petitioner is the 3rd accused in Crime No.61/15 of Cherpu Excise Range, Thrissur for offence punishable under Section 58 of Abkari Act.
that the liquor was received from the 3rd accused and the
B.A.No.7394 of 2015
2
Excise party was led to the house of the 3rd house wherein two filled up bottles and three empty bottles of 500ml each were also seized. It appears that Annexure-A1 has also given statement implicating the 3rd accused.
that this is the fit case in which Section 438 of Cr.P.C can be invoked in spite of the vehement contention of the learned Counsel for the petitioner that, it is a clear case of wrong implication due to political reasons.
The bail application is dismissed.
Sd/- SUNIL THOMAS, JUDGE
//TRUE COPY//
P.A TO JUDGE
AD
1 issue framed by the court
Whether bail is maintainable under Section 438 of Cr.P.C. for an accused facing charge under Section 58 of Abkari Act where prosecution narrative suggests coercion.
RENSU
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
