The Kerala High Court dismissed a bail application for anticipatory bail filed by Ashokan, who apprehended arrest in an abkari case. The court held that the strong suspicion and lack of necessity justified rejection of the plea.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930
Bail Appl..No. 1456 of 2008() -----------------------------
CRIME NO.108/08 OF MAVELIKKARA POLICE STATION
PETITIONER/ACCUSED
ASHOKAN, AGED 34 YEARS, S/O. THEVAN, KOCHIKKAL, MANKAMKUZHY P.O., MAVELIKKARA.
BY ADV. SRI.R.REJI
RESPONDENTS: COMPLAINANT
STATE OF KERALA, REPRESENTED BY
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY ADDL. SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION.
BY PUBLIC PROSECUTOR SRI.S.U. NAZAR.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
B.A. No. 1456 of 2008
Dated this the 25th day of March, 2008
ORDER
Application for anticipatory bail. The petitioner apprehends arrest in a crime registered alleging offences punishable under the Kerala Abkari Act. On 20/2/08 at about 11.45 p.m. an autorikshaw was proceeding along the road under suspicious circumstances. The same was intercepted; but the three persons, who were in the vehicle, took to their heels and could not be apprehended. In the vehicle 175 litres of spirit was available. There were also certain documents relating to the petitioner in the said autorikshaw. The petitioner was seen at the time of occurrence near the scene of the occurrence by another person. The needle of suspicion is hence directed at the petitioner. The petitioner has not been formally arrayed as an accused so far. Investigation is in
B.A. No. 1456 of 2008 -: 2 :-
progress. The petitioner apprehends imminent arrest.
B.A. No. 1456 of 2008 -: 3 :-
considered all the relevant circumstances, I am persuaded to agree that there is merit in the opposition by the learned Public Prosecutor. I am not persuaded to agree that there are any circumstances in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. in favour of the petitioner. The petitioner, I agree with the learned Public Prosecutor, must co-operate with the Investigator and make himself available for interrogation before the Investigating Officer. It is not necessary, I am convinced, to permit the petitioner to be armed with an order of anticipatory bail at this stage.
Sd/(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
1 issue framed by the court
Whether anticipatory bail can be granted to the petitioner who apprehends arrest under the Kerala Abkari Act at the pre-arrest stage.
1 provisions across 1 enactments
ASHOKAN
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
