In this bail application, the accused sought release from custody alleging false implication. The bench dismissed the petition, holding that the quantity of contraband (30 litres) rendered the offence grave and serious, precluding bail at the preliminary investigation stage.
Bail application dismissed; accused remains in custody.
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 MRS. JUSTICE SHIRCY V.
MONDAY, THE 24TH DAY OF JULY 2017/2ND SRAVANA, 1939
Bail Appl..No. 4210 of 2017 ()
AGAINST THE ORDER IN CRMP 2601/2017 of DIST & SESSIONS COURT, ALAPPUZHA CRIME NO. 313/2017 OF PULINKUNNU POLICE STATION, ALAPPUZHA
PETITIONER/ACCUSED:
JOSEPH PATHROSE
AGED 42 YEARS, S/O.PATHROSE, MANGALAM CHIRA, KAVALAM P.O., WARD NO.13, KAVALAM PANCHAYATH, ALAPPUZHA, ALAPPUZHA DISTRICT.
BY ADV. SRI.ABDUL JALEEL.A
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. THE SUB INSPECTOR OF POLICE PULINKUNNU POLICE STATION, ALAPPUZHA DISTRICT.
R BY PUBLIC PROSECUTOR SMT. M.N MAYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-07-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sab
SHIRCY.V, J.
Bail Application No.4210 of 2017
Dated this the 24th day of July, 2017
O R D E R
The petitioner is the sole accused in Crime No.313 of 2017 of Pulinkunnu Police Station registered for the offences punishable under Sections 12(1) and 55(g) of the Kerala Abkari Act.
Bail Application No.4210 of 2017
2
which is used for bathing and other purpose where this petitioner was residing with his family. The investigation of the case is only in the preliminary stage and hence this application is vehemently opposed by the learned Public Prosecutor.
Considering the nature of the allegations leveled against the petitioner, the quantity of the contraband involved, the present stage of investigation, I do not think that this is a fit case to invoke the discretionary relief in favour of this petitioner as requested by the learned counsel for the petitioner. Hence I find that this petition deserves a dismissal and I do so. Dismissed.
Sd/-
SHIRCY.V, sab JUDGE
1 issue framed by the court
Whether bail should be granted to the accused accused of offences under Sections 12(1) and 55(g) of the Kerala Abkari Act for possessing 30 litres of wash.
JOSEPH PATHROSE
STATE OF KERALA
SHIRCY V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
