Kunjappi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 Bail Appl..No. 5355 of 2015 () ------------------------------- CRIME NO. 385/2015 OF VALIYAMALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

.......

PETITIONER/ACCUSED (IN CUSTODY):

-------------------------------------------------------- KUNJAPPI, AGED 50 YEARS, S/O.KESAVAN, KAVUMPURATH VEEDU, PANAKKODU, CHITTUVEETTU MURI, THOLICODE VILLAGE, TRIVANDRUM-695 001.

BY ADVS. SRI.RANJU MOHAN. G.

SMT.M.SANTHI.

RESPONDENT/COMPLAINANT:

---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5355 of 2015 ------------------------------------------------ Dated this the 16th day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the accused in crime No.385/2015 of Valiyamala Police Station registered for an offence punishable under Section 55(a) & (i) of Abkari Act.

3.

Prosecution case, in short, is that on 26-07-2015 at about 12.25 p.m., the accused was found transporting 4.370 litres of Indian Made Foreign Liquor in his motor car for the purpose of sale.

4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

Learned counsel for the petitioner submitted that from 27-07-2015 onwards, he is in custody. Learned Public Prosecutor opposed the bail application contending that he is involved in similar offences earlier. That apart, he is an accused

B.A No.5355 of 2015 2 in an offence registered under Section 302 I.P.C. Considering the stage of investigation and the antecedents of the petitioner, I find that the petitioner is not entitled to get bail. Hence, the bail application is dismissed.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// amk P.A to Judge