Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 10TH DAY OF JANUARY 2013 20TH POUSHA 193 Bail Appl..No. 6945 of 2012 (C) ------------------------------ CRIME NO.42/2012 OF CHERPALACHERRY EXCISE RANGE, PALAKKAD DISTRICT PETITIONER/ACCUSED: ------------------ BALAKRISHNAN, AGED 3 YEARS, S/O.THANKAPPAN, CHEERAMCHIRA HOUSE, AZHIYANOOR, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT: ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR, CHERPALACHERRY EXCISE RANGE IN CRIME NO.42/2012. BY SMT.LALIZA.T.Y., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AS P.BHAVADASAN, J ----------------------------------------- B.A No.6945 of 2012 --------------------------------------------------- Dated this the 10th day of January, 2013 ORDER
The petitioner is alleged to have ran away from the place leaving the contraband article, on seeing the Excise Officer. Therefore he was arrayed as an accused.
2. The petitioner would say that he is totally innocent and has been falsely implicated and he has nothing to do with the contraband article.
3. CD was made available for perusal. On going through the CD the claim of the petitioner cannot be countenanced. A deeper probe into the matter is unwarranted at this point of time.
4. Suffice to say that, considering the nature of allegations, manner in which the act committed, quantity of contraband seized and also the fact that the investigation is at the initial stage, preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioner. The petition is devoid of any merits and accordingly dismissed. B.A No.6945 of 2012 :
2. However, if so advised, the petitioner may surrender before the Investigating Officer on or before 18.1.2013, who after interrogation, shall produce him before the JFCM Court concerned. If the petitioner moves an application for regular bail before the said court, the learned Magistrate may pass orders thereon in accordance law, if possible, on the same day itself. Sd/- P.BHAVADASAN Judge P. A to Judge //True Copy// ab