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Prince Vs. State of Kerala

Prince vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 09, 2013
~2 min read
https://sooperkanoon.com/case/1011803

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Prince

Respondent

State of Kerala

Excerpt

.....9918 of 2012 - - - - - - - - - - - - - - - - - - - - - - dated this the 9th day of january, 2013. order the petitioners are accused in crime no. 420 of 2012 of karikkottakari police station, who are alleged to have committed offences punishable under section 55(a) of the abkari act.2. the allegation against the petitioners and others is that on 21.12.2012 at 13.45 hours they were found transporting 85 bottles each containing 180 ml. and 70 bottles each containing 375 ml. of indian made foreign liquor of karnataka origin in contravention of the provisions of the abkari act. even though the petitioners are claimed to be innocent, the materials available on record show otherwise. a deeper probe into the allegations is not warranted at this point of time. suffice is to say, the nature of the offence committed by the petitioners and also the fact that investigation is at an infant stage precludes this court b.a.9918/2012. 2 from exercising the extraordinary jurisdiction in favour of the petitioners. this application is accordingly dismissed. however, if the petitioners are so advised, they may surrender before the investigating officer on or before 17.01.2013, who, after interrogation, shall produce them before the jfcm court concerned, which court, on applications for bail being moved by the petitioners, shall dispose of the same in accordance with law. p. bhavadasan, judge sb.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 9TH DAY OF JANUARY 2013 19TH POUSHA 193 Bail Appl..No. 9918 of 2012 () ------------------------------ CRIME NO.420/2012 OF KARIKKOTTAKARI POLICE STATION, KANNUR DISTRICT. ................ PETITIONERS/ACCUSED 1 3 AND 4.---------------------------------------------------- 1. PRINCE, S/O. MATHEW, AGED 2 YEARS, VADAKKETHALAKKAL HOUSE, ENTHUMKARI, P.O. ANGADIKKADAVU, KANNUR DISTRICT.

2. ANEESH, S/O. PAUL, AGED 2 YEARS, KANJUTHARA HOUSE, P.O. ANGADIKKADAVU, KANNUR DISTRICT.

3. SHINTO, S/O.JOSE, AGED 2 YEARS, PULUNKALAYIL HOUSE, P.O. ANGADIKKADAVU, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031. BY PUBLIC PROSECUTOR MR.V.S. SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - B.A. No. 9918 of 2012 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2013. ORDER The petitioners are accused in Crime No. 420 of 2012 of Karikkottakari Police Station, who are alleged to have committed offences punishable under Section 55(a) of the Abkari Act.

2. The allegation against the petitioners and others is that on 21.12.2012 at 13.45 hours they were found transporting 85 bottles each containing 180 ml. and 70 bottles each containing 375 ml. of Indian Made Foreign Liquor of Karnataka origin in contravention of the provisions of the Abkari Act. Even though the petitioners are claimed to be innocent, the materials available on record show otherwise. A deeper probe into the allegations is not warranted at this point of time. Suffice is to say, the nature of the offence committed by the petitioners and also the fact that investigation is at an infant stage precludes this court B.A.9918/2012. 2 from exercising the extraordinary jurisdiction in favour of the petitioners. This application is accordingly dismissed. However, if the petitioners are so advised, they may surrender before the Investigating Officer on or before 17.01.2013, who, after interrogation, shall produce them before the JFCM Court concerned, which court, on applications for bail being moved by the petitioners, shall dispose of the same in accordance with law. P. BHAVADASAN, JUDGE sb.

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