Dismissed

Subramanyan v. State of Kerala

Kerala HC2 Jul 2020Bail Appl./3658/2020

Case brief

AI extract

What is this about?

Anticipatory bail application dismissed in abkari offence. Court held that anticipatory bail cannot be entertained in abkari crimes under Abkari Act following Subramaniya Sami and Muraleedharan precedents, directing surrender and regular bail application before magistrate.

What did the court decide?

Petitioner directed to surrender before investigating officer within two weeks; liberty to apply for regular bail before jurisdictional Magistrate.

Subramanyan Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2020)

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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 ASHOK MENON

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THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942

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Bail Appl.No.3658 OF 2020

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CRIME NO.35/2020 OF Ezhukone Excise Range Office, Kollam

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PETITIONER/2ND ACCUSED:

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SUBRAMANYAN, AGED 33 YEARS, S/O GOPALAN KAVITHA BHAVANAM, MUTTARA, ODANAVATTOM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT - 691512.

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BY ADV. SRI.K.V.ANIL KUMAR

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN, SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.3658 of 2020

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-2-

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O R D E R

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Dated this the 2nd day of July 2020

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This is an application for anticipatory bail.

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The petitioner is the 2^nd accused in Crime No.35/2020 of Ezhukone Excise Range for having allegedly committed the offence punishable under Sections 8(1) & (2) and 67B of the Abkari Act. The prosecution case in brief is that on 25.04.2020 at about 24.00 hours, the Excise Inspector of Ezhukone Range while on patrol duty found the accused persons engaged in transporting of arrack in a can on a scooter bearing Reg.No.KL-02-AH-5268 and on seeing the Excise party, they fled away from there. On examination, it was found that the can contained 9.8 litres of arrack and thus the crime was registered. The petitioner apprehends arrest and seeks anticipatory bail before this Court.

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The petitioner submits that he is innocent and that he does have any other criminal antecedents.

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Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

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In view of the embargo under Section 41A and the presumption available under Section 64 of the Abkari Act to the prosecution, I find that the application for pre-arrest

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B.A.No.3658 of 2020

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-3-

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bail cannot be entertained by this Court. The Apex Court in Muraleedharan v. State of Kerala, 2001 KHC 411 has held that anticipatory bail of the accused in an abkari offence cannot be entertained. Under the circumstances, the application is only to be dismissed.

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The petitioner is therefore directed to surrender before the investigating officer within two weeks and the investigating officer shall, after interrogation, produce him before the jurisdictional Magistrate and that he shall be at liberty to apply for regular bail before the jurisdictional Magistrate, which shall be disposed of preferably on the very same date, keeping in view the dictum of this Court in Sukumari v. State of Kerala, 2001 (1) KLT 22 .

Sd/-

ASHOK MENON

JUDGE

dkr

Subramanyan v. State of Kerala

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Subramanyan v. State of Kerala

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