Petitioner sought anticipatory bail in an Excise case alleging arrack storage. Court held embargo under Abkari Act Section 41A and Supreme Court precedent precludes anticipatory bail, directing surrender instead.
Petitioner directed to surrender to Investigating Officer within two weeks; liberty to apply for regular bail afterward.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 03RD DAY OF JULY 2020 / 12TH ASHADHA, 1942
Bail Appl..No.3475 OF 2020
IN O.R.NO.44/2020 OF EXCISE RANGE OFFICE, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT
PETITIONER/ACCUSED:
YESODHARAN, AGED 47 YEARS, S/O. VELUTHA KUNJU, NISHA BHAVAN, RAMANCHIRA, THUMPON NORTH P O, MEZHUVELI VILLAGE, KOZHANCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 625.
BY ADV. SRI.M.JAYAKRISHNAN
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031.
2 INSPECTOR OF EXCISE, EXCISE RANGE OFFICE, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN- 689645.
OTHER PRESENT:
SRI.AMJAD ALI - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.3475 OF 2020
2
ORDER
Dated this the 03rd day of July, 2020
APPLICATION FOR ANTICIPATORY BAIL
The petitioner is the sole accused in O.R.No.44 of 2020
of Excise Range Office, Pathanamthitta, for having allegedly committed offence punishable under Section 55 (g) of the Kerala Abkari Act. The prosecution case in brief is that on 01.05.2020, at about 4.30 pm, the Assistant Excise Inspector of Pathanamthitta Excise Enforcement and his Special Squad, received reliable information, regarding storing of arrack for the
purpose of distillation, by the accused and on inspection, they found 35 litres of fermented wash with certain distilling apparatus behind the bathroom of the petitioner's house. The petitioner allegedly fled away from the scene and could not be apprehended. The petitioner apprehends that he may be arrested and therefore, has approach this Court for anticipatory bail.
B.A.No.3475 OF 2020
3
[2001 KHC 411], the petitioner cannot seek anticipatory bail in an Abkari case. The petitioner is directed to surrender before the Investigating Officer within two weeks and after interrogation,
B.A.No.3475 OF 2020
4
he shall be produced before the jurisdictional court at the earliest, where he shall be at liberty to apply for a Regular Bail which shall be preferably considered and disposed of on the very same date.
With these observations, the Bail Application is
dismissed.
Sd/ASHOK MENON JUDGE
NR/03/07/20
1 issue framed by the court
Whether anticipatory bail can be granted despite a statutory embargo preventing it in Abkari cases.
Colour shows how this judgement treated each authority
Muraleedharan v. State of KeralaDistinguished¶27
_Muraleedharan v. State of Kerala_ [2001 KHC 411]
1 provisions across 1 enactments
YESODHARAN
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
