Kerala High Court
Bail Appl./8921/2016 of SEBY MATHEW Vs STATE OF KERALA on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.M.BABU FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 Bail Appl..No. 8921 of 2016 () ------------------------------- AGAINST THE ORDER/JUDGMENT IN CRMC 2608/2016 of D.C. & SESSIONS COURT, ERNAKULAM DATED 08-12-2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
Bail Appl..No. 8921 of 2016 ()
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AGAINST THE ORDER/JUDGMENT IN CRMC 2608/2016 of D.C. & SESSIONS COURT,ERNAKULAM DATED 08-12-2016CRIME NO. 184/2016 OF ALUVA EXCISE RANGE OFFICE , ERNAKULAM
PETITIONER(S):
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SEBY MATHEW, AGED 46 YEARS, S/O.P.P.MATHEW, PERUMAYAN HOUSE, SREEMOOLANAGARAM P.O., ERNAKULAM.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE
RESPONDENT(S):--------------
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, (CR184/2016 OF EXCISE RANGE OFFICE, ALUVA, ERNAKULAM, DISTRICT). REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, (CR184/2016 OF EXCISE RANGE OFFICE, ALUVA, ERNAKULAM, DISTRICT).
2. EXCISE RANGE OFFICER,
EXCISE RANGE OFFICE, ALUVA, ERNAKULAM DISTRICT-683101, (CR184/2016 OF EXCISE RANGE OFFICE, ALUVA, ERNAKULAM DISTRICT).(CR184/2016 OF EXCISE RANGE OFFICE, ALUVA, ERNAKULAM DISTRICT).
R BY ADV.ALEX M.THOMBRA,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2016,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.NO.8921 OF 2016
APPENDIX
PETITIONERS EXHIBITS
A1-COPY OF THE CRIME AND OCCURRENCE REPORT IN CR 184/2016 OF ALUVAEXCISE RANGE
A2-CERTIFIED COPY OF THE ORDER DATED 8.12.2016 IN CRL.M.C.2608/2016 OFCOURT OF SESSION, ERNAKULAM.
RESPONDENTS EXHIBITS
NIL
TRUE COPY
SKS
P.A TO JUDGE
A.M.BABU, J.
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B.A.No.8921 of 2016
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Dated 30[th ] day of December, 2016
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ORDER
Petitioner is the accused in crime no.184/2016 of theexcise range, Aluva. He seeks bail under Sec.438 of theCr.P.C. He is alleged to have committed an offencepunishable under Sec.55 (i) of the Abkari Act.
2. The prosecution case is that at 1.15 p.m on28.11.2016 the petitioner was found selling Indian madeforeign liquor. It is alleged that he dropped the plastic kit inwhich the liquor bottle was kept and ran away.
3. Heard the learned counsel for the petitioner andthe learned Public Prosecutor.
4. The learned Public Prosecutor strongly opposed the application. The allegation against the petitioner is thathe possessed 2.5 litres of Indian made foreign liquor andthat he was found selling it. It is also alleged that theexcise team went to the spot on getting a secret informationthat sale of liquor was going on. There are materials available against the petitioner prima facie connecting himto the commission of the offence alleged against him. I donot consider this to be a fit case to grant anticipatory bail.
5. The learned counsel for the petitionersubmits that his client is ready to surrender before theinvestigating officer. On such surrender, the investigatingofficer, if sees reasons for the arrest of the petitioner, shallproduce him after interrogation before the Magistrateconcerned within the time allowed by the Cr.P.C. On suchproduction, the learned Magistrate will act in accordancewith law.
In the result , the bail application is dismissed.
sks/28.12.2016
A.M.BABU
Judge