This order dismisses an application for anticipatory bail regarding alleged illicit distillation offences. The court held that an embargo under Section 41A of the Abkari Act precludes pre-arrest bail.
The bail application was dismissed. The applicant was directed to surrender within two weeks.
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 ASHOK MENON
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
Bail Appl..No.2964 OF 2020
CRIME NO.1075/2020 OF Kayamkulam Police Station, Alappuzha
PETITIONER/ACCUSED:
INDRAJITH
AGED 40 YEARS S/O. MURALEEDHARAN, KAPPIL KIZHAKKU MURI, KRISHNAPURAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT-690533.
BY ADV. SRI.K.MOHAMMED RAFEEQ
RESPONDENT/S:
OTHERS PRESENT:
SRI.AJITH MURALI -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA 2964/2020
2
O R D E R
Dated this the 9th day of November 2020 APPLICATION FOR ANTICIPATORY BAIL
The applicant is the sole accused in Crime No.1075/2020 of Kayamkulam Police Station for having allegedly committed offences punishable under Sections 8 (1) & (2) and 55(b) of the Abkari Act.
BA 2964/2020
3
produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and preferably disposed of by the jurisdictional court on the very same day.
With these observations, the Bail Application is disposed of.
Sd/-
ASHOK MENON
JUDGE
jg
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail under Section 41A of the Abkari Act for alleged offences under Sections 8 and 55(b) thereof.
Whether a pre-arrest bail remedy is available when an embargo under Section 41A of the Abkari Act applies.
Colour shows how this judgement treated each authority
Muraleedharan v. State of KeralaRelied on¶24
Muraleedharan v. State of Kerala [2001 KHC 411]
2 provisions across 1 enactments
Indrajith
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
