The Kerala High Court granted bail to the sole accused in a case involving possession of arrack under the Kerala Abkari Act, allowing the matter to remain in trial court rather than deferring bail decision.
Bail granted subject to bond of Rs.50,000 with two sureties, appearance before IO, and no interference with witnesses or commission of further offences.
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 SUNIL THOMAS
THURSDAY, THE 4TH DAY OF FEBRUARY 2016/15TH MAGHA, 1937
Bail Appl..No. 771 of 2016 ()
CRIME NO. 15/2016 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT
PETITIONER/SOLE ACCUSED :
SHIBIN AGED 25 YEARS S/O. BENNY, RESIDING AT THUNDAMPLAVIL VEEDU THALACHIRA, KUMARAMPEROOR THEKKEKARA MURI VADASSERIKARA VILLAGE, KONNI TALUK, PATHANAMTHITTA.
BY ADV. SRI.MANU RAMACHANDRAN
RESPONDENT/COMPLAINANT/STATE :
STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE PATHANAMTHITTA POLICE STATION PATHANAMTHITTA DISTRICT, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
SUNIL THOMAS, J
B.A.NO.771 OF 2016
Dated this the 4th day of February, 2016
O R D E R
The petitioner is the sole accused in Crime No.15/2016 of Pathanamthitta Police Station registered for the offences under Section 8(1) & (2), 55(g) of Kerala Abkari Act.
the petitioner is not involved in any other case. Having regard to the entire facts, though the investigation is also over, rather than relegating the parties to the trial court for further seeking bail, I feel that bail can now be granted
B.A.NO.771 OF 2016 2
to the petitioner from this court subject to the following
conditions:-
(a) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each
to the satisfaction of the jurisdictional Court.
(b) He shall appear before the Investigating Officer as and when called for.
(c) He shall not threaten, coerce or intimidate the de facto complainant and the witnesses nor shall he interfere in the process of investigation.
The bail application is allowed as above.
sd/- SUNIL THOMAS, JUDGE.
R.AV
//True Copy//
PA to Judge
1 issue framed by the court
Whether bail should be granted to the sole accused in an arrack possession case before final report filing.
1 provisions across 1 enactments
Shibin
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
