Vineesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 Bail Appl..No. 5600 of 2015 () ------------------------------- CRIME NO. 145/2015 OF MAVELIKARA EXCISE RANGE, ALAPPUZHA ------------------- PETITIONER :
---------------------- VINEESH S/O.VIKRAMAN, AMBOOTI THARAYIL VEEDU, THEKUMMURI PATHIYOOR VILLAGE, KARTHIKAPALLY TALUK NOW RESIDING AT ASANPARAMBIL VEEDU, RAMAPURAM MURI KEERIKADU VILLAGE, KARTHIKAPALLY TALUK ALAPPUZHA DISTRICT.
BY ADVS.SRI.M.ZIYAD SRI.T.A.PRAKASH RESPONDENT/COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.145 OF 2015 OF MAVELIKARA EXCISE RANGE ALAPPUZHA DISTRICT)
2. EXCISE INSPECTOR MAVELIKARA EXCISE RANGE OFFICE, ALAPPUZHA DISTRICT (CRIME NO. 145 OF 2015) REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
B.SUDHEENDRA KUMAR, J.
------------------------------------------------ B.A.No.5600 of 2015 ------------------------------------------------- Dated this the 18th day of September, 2015
O R D E R
Application filed under Section 439 of the Code of Criminal Procedure.
2.
Petitioner is the accused in Crime No.145 of 2015 of Mavelikara Excise Range registered for the offences punishable under Section 55(a) and (i) of the Kerala Abkari Act on the allegation that on 17.08.2015 at about 10.40 p.m., the petitioner was found in possession of 660 liters of illicit spirit for the purpose of sale in contravention of the provisions of the Abkari Act. The petitioner was arrested from the spot and ever since he has been in custody.
4.
Heard.
5.
Learned Public Prosecutor has opposed the bail application. It appears that there are materials to prima facie connect the petitioner with the commission of the offence. Since the learned Public Prosecutor opposed the bail application, there is embargo under Section 41(A) of
B.A.No.5600 of 2015 the Abkari Act in granting bail particularly when there are materials to prima facie connect the petitioner with the commission of the offence. In the said circumstances, I am not inclined to grant bail to the petitioner. In the result, this bail application stands dismissed. Sd/- B.SUDHEENDRA KUMAR, JUDGE.
AS /True Copy/ P.A. to Judge