The High Court of Kerala allowed a bail application filed by an accused charged under the Abkari Act for possession of Indian Made Foreign Liquor. The Court passed the order on the same day of hearing.
Petitioner enlarged on bail on condition of executing a bond for Rs.30,000 with two solvent sureties and not committing similar 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 B.SUDHEENDRA KUMAR
THURSDAY, THE 04TH DAY OF JULY 2019 / 13TH ASHADHA, 1941
Bail Appl..No.4829 of 2019
(CRIME NO.817/2019 OF THE KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT)
PETITIONER/S/ACCUSED:
ASHRAF AGED 45 YEARS, S/O BADARUDEEN, BISMILAH MANZIL, KALLUVETTANKUZHY, THINKALKARIKKAM VILLAGE
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.4829 of 2019
2
O R D E R
The petitioner is the accused in Crime No.817 of 2019 of Kulathupuzha Police Station, registered for the offence punishable under Section 55(a) and (i) of the Abkari Act, on the allegation that on 23.06.2019 at 2.10 p.m., the petitioner
was found in possession of 6.725 litres of Indian Made Foreign Liquor for the purpose of sale in contravention of the provisions of the Abkari Act.
since, he has been in custody.
objection in allowing this application. Considering the facts
and circumstances of the case, including the fact that the
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Bail Appl..No.4829 of 2019
contraband seized was Indian Made Foreign Liquor and also taking into consideration of the quantity of the contraband seized, I am inclined to grant bail to the petitioner.
In the result, this application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs.30,000/- (Rupees Thirty Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Magistrate and on further condition that the petitioner shall not get involved in any other offence of similar nature during the pendency of this case.
Needless to state that the petitioner shall co-operate with the investigation.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
RK/04.07.2019
1 issue framed by the court
Whether bail should be granted to the accused found in possession of contraband liquor.
1 provisions across 1 enactments
ASHRAF
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
B SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
