Muhammed Shafi T.K. v. The Excise Inspector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 Bail Appl..No. 4931 of 2015 () ------------------------------- CRIME NO. 132/2012 OF MANANTHAVADY EXCISE RANGE, WAYANAD DISTRICT -------------------- PETITIONER(S)/ACCUSED :

----------------------------------------- MUHAMMED SHAFI T.K., AGED 30 YEARS, S/O.KUNJEED, KULAKKATTIL VEEDU, THACHERU PADIKKAL, S.S.ROAD, VENGARA, THIRURANGADI, MALAPPURAM DISTRICT.

BY ADVS.SRI.K.M.SATHYANATHA MENON SRI.A.SANTHOSHKUMAR SMT.KAVERY S THAMPI SMT.ANJANA KANNATH RESPONDENT(S)/COMPLAINANT& STATE :

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1. THE EXCISE INSPECTOR, MANANTHAVADY EXCISE RANGE, MANANTHAVADY, WAYANAD DISTRICT, PIN- 670 645.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031. BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4931 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner was the accused in Crime No.132 of 2012 which was taken on the file of the Sessions Judge as SC No.38 of 2013 he was granted bail. But he absconded and thus forfeited his right. He was arrested on 31.07.2015 pursuant to the non bailable arrest warrant issued by the court concerned. He prays that he may be granted bail.

3.

Heard.

4.

The petitioner had been absconding for about two years. The allegation was that he imported IMFL from Karnataka to Kerala. He has forfeited his right to be on bail. Having regard to this fact and the nature of the offence I am not inclined to grant him bail now. In the result, this application is dismissed. sd/- K. ABRAHAM MATHEW JUDGE R.AV