Allowed

Antu v. State of Kerala

Kerala HC4 Aug 2016Bail Appl./2416/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to the petitioner accused under Sections 58 and 67B of the Kerala Abkari Act. The court emphasized the weak evidence regarding the petitioner's identity and the small quantity of liquor seized, ordering custodial interrogation by appearing before the Investigating Officer.

What did the court decide?

Petitioner allowed bail on bond with two sureties for ₹25,000 each. Ordered to report to IO on Wednesdays and not leave Angamaly Excise Range limits.

Antu Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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THURSDAY, THE 4TH DAY OF AUGUST 2016/13TH SRAVANA, 1938

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Bail Appl..No. 2416 of 2016

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CRIME NO. 24/2016 OF ANGAMALY EXCISE RANGE OFFICE, ERNAKULAM

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PETITIONER(S)/ACCUSED:

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ANTU, AGED 45 YEARS, S/O.GOWRAIN,GOPURANTHINKAL HOUSE, LAKSHAM VEEDU COLONY, EDAKUNNU, KARUKUTTY VILLAGE, ALUVA TALUK,ERNAKULAM.

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BY ADV. SRI.P.ANTO THOMAS

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RESPONDENTS/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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2. EXCISE INSPECTOR, ANGAMALY RANGE OFFICE, ANGAMALY, PIN - 683 572, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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3. EXCISE CIRCLE INSPECTOR, ALUVA RANGE OFFICE ALUVA, PIN - 683 101, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.REMA R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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P.UBAID, J.

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- - - - B.A.No. 2416 of 2016

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- - - - Dated this the 04^th day of August, 2016

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ORDER

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The petitioner herein seeks pre-arrest bail under

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Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 24 of 2016 of the Angamaly Excise Range, registered under Sections 58, 58(i) & 67B of the Kerala Abkari Act.

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The prosecution case is that on 01.3.2016, he was found selling Indian Made Foreign Liquor illicitly. It is alleged that on seeing the Excise Party, the petitioner abandoned the liquor, and ran off and escaped. A quantity of 750 ml of liquor was seized as per mahazar. This crime was registered against the petitioner on the basis of the information received from the person who allegedly purchased liquor from the petitioner.

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B.A.No. 2416 of 2016

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This application for pre-arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, he will definitely obstruct the proper and effective investigation.

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On a perusal of the materials, I find that the detecting officer could not have in fact clearly seen and identified the person who ran off and escaped from the spot. Thus, the identity of the accused is really suspicious. The mahazar shows that the details of the petitioner were given by one Chathan. The mahazar does not show that the person who ran off could be clearly seen and identified by the detecting officer. The quantity seized in this case is only 750ml of Indian Made Foreign Liquor. In the facts and circumstance of the case, including the quantity of liquor seized, and also the strong suspicion regarding the exact

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B.A.No. 2416 of 2016

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identity of the person who ran off and escaped, I feel it appropriate to grant him bail. It will suffice that the petitioner is directed to report before the Investigating Officer for necessary interrogation.

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In the result, this petition for pre-arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 25,000/-₹ (Rupees Twenty Five Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No. 24 of 2016 of the Angamaly Excise Range. Bail is granted on condition that;

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a) The petitioner shall report before the Investigating Officer between 10 a.m. and 11 a.m. on all Wednesdays for a period of two months.

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b) The petitioner shall not leave the limits of Angamaly Excise Range for a period of two months.

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B.A.No. 2416 of 2016

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c) The petitioner shall not involve in any

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offence under the Kerala Abkari Act, till trial of the

case is over.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Antu v. State of Kerala

Case brief

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Antu v. State of Kerala

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