Kerala High Court dismissed a bail application filed by an accused charged under the Abkari Act for possession of arrack. The court held that prima facie evidence showed involvement and restitution was an antisocial activity.
Bail application dismissed summarily.
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 K.ABRAHAM MATHEW
MONDAY, THE 10TH DAY OF APRIL 2017/20TH CHAITHRA, 1939
Bail Appl.No. 2426 of 2017
CRIME NO. 51/2017 OF MANANTHAVADY EXCISE RANGE OFFICE, WAYANAD
PETITIONER(S)/ACCUSED:
SHIJIL, S/O.SASI, AGED 32 YEARS, MEKKILERI HOUSE, ALATTIL P.O., PERIYA VILLAGE, IRUMANATHOOR, MANANTHAVADY, WAYANAD.
BY ADV. SRI.LALJI P.THOMAS
RESPONDENT(S)/COMPLAINANTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. EXCISE INSPECTOR, MANATHAVADY.
BY PUBLIC PROSECUTOR SRI.SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-04-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
K.ABRAHAM MATHEW, J.
--------------------------------------B.A.No.2426 of 2017
Dated this the 10th day of April, 2017
Petition filed under Section 439 Cr.P.C.
under Section 8 of the Abkari Act. He was found to be in possession of five litres of arrack.
is false and taking into consideration the period of custody he may be granted bail.
that prima facie the petitioner is involved in the commission of the offence. Arrack is a prohibited item. By the sale of arrack
which is an antisocial activity the only object of the petitioner
was to make money. Merely because he has been in custody since 16.03.2017 he cannot be granted bail in view of
2
B.A.No.2426 of 2017
the restrictions contained under Section 41-A of the Abkari Act.
In the result, this application is dismissed.
Sd/-
K.ABRAHAM MATHEW
JUDGE
sd
// True Copy // P.A.to Judge
1 issue framed by the court
Whether bail should be granted to the accused charged under Section 8 of the Abkari Act for possession of arrack.
3 provisions across 2 enactments
Shijil
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
