Dismissed

Abdul Azeez v. the State of Kerala

Kerala HC23 Oct 2018Bail Appl./5694/2018

Case brief

AI extract

What is this about?

The High Court dismissed a bail application filed by the accused in a case involving the seizure of 30,000 packets of prohibited tobacco products during an incident where a vehicle rammed an electric post. The court refused pre-arrest bail due to the gravity of the allegations and the need for further investigation.

What did the court decide?

The application for anticipatory bail is dismissed and stands rejected.

Abdul Azeez Vs the State of Kerala — Bail and Remand | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940

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Bail Appl..No. 5694 of 2018

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CRIME NO. 90/2018 OF VAZHIKADAVU POLICE STATION, MALAPPURAM

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PETITIONER/SOLE ACCUSED:

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ABDUL AZEEZ, AGED 28 YEARS, S/O.HAMSA, PARAPURATH HOUSE, VALLAPUZHA P O, PALAKKAD-679336. BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT/STATE OF KERALA:

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THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, VAZHIKADAVU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

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This application is filed under Section 438 of the Cr.P.C.

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The applicant herein is the accused in Crime No.90 of

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2018 of the Vazhikkadavu Police Station, registered for the offences punishable under Section 118(i) of the Kerala Police Act, Section

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6(a)(b) of the Cigarettes and other Tobacco Products (Prohibition of

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Bail Appl..No. 5694 of 2018

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Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act, Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 139 of the Electricity Act.

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A Bolero pickup van driven by the applicant herein rammed into an electric post on 16.7.2018 at about 10:13 PM. Huge quantity of a prohibited tobacco product by name "hans” was found inside the vehicle. The applicant managed to make good his escape. 30,000 packets of Hans found inside were seized and later the crime was registered as aforesaid.

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The learned counsel for the applicant would contend that Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 would not be attracted in the instant case as the prosecution has no case that the applicant herein had given to any child any intoxicating liquor, narcotic drub or tobacco product. Rest of the offences are bailable, submitted the learned counsel.

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The learned Public Prosecutor has fervently opposed the prayer. It is submitted that 30,000 packets of prohibited tobacco

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Bail Appl..No. 5694 of 2018

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products were found to have been transported by the applicant herein. The investigation is still on to ascertain as to how he had procured the tobacco products and his network of operation. According to the learned Public Prosecutor, if the applicant is granted anticipatory bail, it would intrude into the sphere of investigation.

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I have considered the submissions advanced and have gone through the materials on record. The applicant herein has no case that he was not the person who was at the driving wheel when the incident had taken place. Large amount of prohibited tobacco products were seized. Having regard to the nature and gravity of the allegations, the role assigned to the applicant, the stage of investigation and attendant facts, I am not persuaded to grant an order of pre-arrest bail to the applicant.

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This application will stand dismissed.

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SD/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV/-

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//TRUE COPY// P.A. TO JUDGE

Abdul Azeez v. the State of Kerala

Case brief

What is this about?

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Abdul Azeez v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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