The Court rejected an application for anticipatory bail in a case involving illicit liquor under the Abkari Act. The applicant was directed to surrender within two weeks rather than grant pre-arrest bail.
Direction to surrender before the Investigating Officer within two weeks; liberty to apply for regular bail upon arrest.
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
THURSDAY, THE 23RD DAY OF JULY 2020 / 1ST SRAVANA, 1942
Bail Appl..No.4014 OF 2020
CRIME NO.17/2020 OF Thrissur Excise Range Office , Thrissur
PETITIONER/S:
BENNY T.M. AGED 46 YEARS S/O.THAZHATHEDATH HOUSE, MANNAMANGALAM P O, THRISSUR-680014.
BY ADVS. SRI.P.G.JAYASHANKAR KUM.P.K.RESHMA (KALARICKAL) SMT.AMRITHA SUBIN SMT.REVATHY P. MANOHARAN SHRI SANIN V.U.
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 4014 of 2020
2
ASHOK MENON, J.
===================
B.A.No. 4014 of 2020
====================== Dated this the 23rd day of July, 2020
O R D E R
APPLICATION FOR ANTICIPATORY BAIL
The applicant is the sole accused in Crime No.17/2020 of Excise Range, Thrissur, for having allegedly committed offence punishable under Sections 8 (1) & (2) and 55 (g) of the Abkari Act.
was not arrested. But he apprehends arrest, and has therefore, approached this Court for anticipatory bail.
B.A.No. 4014 of 2020
3
Sd/- ASHOK MENON JUDGE
LU
2 issues framed by the court
Whether the applicant is entitled to pre-arrest anticipatory bail in a case under Sections 8 and 55(g) of the Abkari Act.
Whether the prohibition under Section 41A and presumptions under Section 64 of the Abkari Act bar anticipatory bail.
Colour shows how this judgement treated each authority
Muraleedharan v. StateReferred¶28
Muraleedharan v. State [2001 KHC 411]
4 provisions across 1 enactments
Benny T.M.
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
