Kerala High Court

Bail Appl./7665/2006 of JAYESH Vs STATE OF KERALA on 26 December 2006

Cites 0, Cited by 0

HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Bail Appl..No. 7665 of 2006() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7442/2006 .................... PETITIONER/ACCUSED 1 & 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928

Bail Appl..No. 7665 of 2006()

-----------------------------

AGAINST THE JUDGEMENT/ORDER IN BA.7442/2006

....................

PETITIONER/ACCUSED 1 & 2

-----------------------------------------

1. JAYESH, S/O.RAMACHANDRAN,

JAYESH BHAVAN, THENGAMMUM MURI, PALICKAL VILLAGE, ADOOR.

2. SANTHOSHKUMAR, S/O.SIVARAMAN NAIR,

MANGATTETHU VEEDU, ELIPPAKULAM,

PALLIKUNNAM VILLAGE.

BY ADV. SRI.N.DHARMADAN (SR.)

SRI.G.KRISHNAKUMAR

RESPONDENTS:

-------------

1. STATE OF KERALA,

REPRESENTED BY THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM.

2. EXCISE INSPECTOR, CHIRAYINKEEZHU.

BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

V. RAMKUMAR, J.

--------------------------------

Bail Application No. 7665 of 2006---------------------------------------------------------------- Dated: December 26, 2006

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

O R D E R

Petitioners who are accused Nos. 1 and 2 in O.R. No. 53/06 ofChirayinkeezhu Excise Range for offences punishable under Sections55 (a) and 67 (B) of the Abkari Act for allegedly carrying 310 litresof spirit in a Maruti Car on 27-10-2006 and who were arrested on thesame day, seek their enlargement on bail. Their earlier applicationfiled as B.A. 7442/06 was dismissed by this Court on 15-12-2006. Itis thereafter that the petitioners have filed the present bail application.

2. Adv. Sri. Sivakumar, the learned Public Prosecutor opposedthe application and made available to me the investigation files.

3. I heard both sides and perused the investigation files.

4. It is too early to accept the petitioners' contention thatmerely because they were found inside the Maruti Car in which the310 litres of spirit was being carried, it cannot be said that they werein effective control over the contraband spirit. Both the petitionershave made independent confessional statements to the ExciseInspector admitting their clandestine transport of the contrabandspirit. The said confession made by each of them is not hit by Sec.

B.A.No.7665/06

25 of the Evidence Act. On a perusal of the investigation files, I amnot satisfied that both the grounds enumerated under sec.41A (b)(ii)of the Abkari Act are present in this case so as to justify the release ofthe petitioners on bail.

This bail application is accordingly dismissed.

Kerala.

V.RAMKUMAR,

JUDGE.

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead