The Kerala High Court dismissed the petitioner's application for anticipatory bail. The court held that the petitioner's prior criminal record in abuse of liquor cases indicated a tendency to repeat the offense, making it inappropriate to grant bail.
Anticipatory bail application is dismissed.
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.HARIPAL
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943 BAIL APPL. NO. 2495 OF 2021
PETITIONER/S:
SUBASH CHANDRABOSE AGED 39 YEARS KOOTTALA VEEDU, KANNAMPARIYARAM, MANKARA, PALAKKAD, PIN - 678613 BY ADV T.K.SANDEEP
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY SR.PP - SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2495 OF 2021
ORDER
Petitioner, who is the sole accused in Crime No. 87 of 2020
of Parali Excise Range office, Palakkad is before this Court seeking anticipatory bail under Section 438 of the Cr.P.C. The crime is registered under Sections 55(i) of the Abkari Act.
BAIL APPL. NO. 2495 OF 2021
3
jurisdiction under Section 438 of the Cr.P.C., in favour of such a person. The application is devoid of merit and is dismissed.
Bail Application is dismissed.
Sd/-
K.HARIPAL
JUDGE
avs
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who has criminal antecedents in similar cases.
Whether the nature of anticipatory bail under Section 438 Cr.P.C. should be invoked in this case.
3 provisions across 2 enactments
SUBASH CHANDRABOSE
STATE OF KERALA
K. HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
