In a bail application under Section 438 CrPC for apprehension of arrest in a Kerala Abkari Act case involving selling of Indian made foreign liquor, the High Court of Kerala rejected the plea, holding that custodial interrogation was essential and pre arrest bail was not a fit case.
Application for anticipatory bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 25TH DAY OF MAY 2016/4TH JYAISHTA, 1938
Bail Appl..No. 2763 of 2016
CRIME NO. 890/2016 OF ADOOR POLICE STATION , PATHANAMTHITTA DISTRICT
PETITIONER(S)/ACCUSED NO.1 :
SUGATHAN,
CHERUKUNNAM HOUSE, PALLIKKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.M.T.SURESHKUMAR
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
P.UBAID, J.
B.A No.2763 of 2016
Dated this the 25th day of May, 2016
O R D E R
The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.890/2016 of the Adoor Police Station registered under Section 55(a)(i) of the Kerala Abkari Act.
2
B.A No.2763 of 2016
preliminary stage, that custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that, if the accused is now released, it will definitely obstruct the proper and effective investigation.
In the result, this application for anticipatory bail is
dismissed.
Sd/P.UBAID JUDGE
ab
3 issues framed by the court
Whether pre arrest bail under Section 438 CrPC should be granted in a case involving selling of prohibited liquor.
Whether custodial interrogation is necessary given the allegation of obstructing inquiry and influencing witnesses.
Whether the gravity of the offence under the Kerala Abkari Act makes pre arrest bail an inappropriate relief.
2 provisions across 2 enactments
SUGATHAN
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
