Dismissed

Shybin A.K. v. State of Kerala

Kerala HC4 Aug 2020Bail Appl./4047/2020

Case brief

AI extract

What is this about?

The Court examined a bail application under Section 438 Cr.P.C. for an alleged offence under the Kerala Abkari Act. Relying on Section 41A Cr.P.C. and the precedent in Muraleedharan, the Court held that anticipatory bail in Abkari cases cannot be entertained.

What did the court decide?

The petition for anticipatory bail is dismissed; the petitioner is directed to surrender to the investigating officer within two weeks.

Shybin A.K. 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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TUESDAY, THE 04TH DAY OF AUGUST 2020 / 13TH SRAVANA, 1942

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Bail Appl..No.4047 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 1804/2020 OF DISTRICT & SESSIONS COURT, ALAPPUZHA

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CRIME NO.54/2020 OF Kuttanad Excise Range Office, Alappuzha

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PETITIONER/ACCUSED:

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SHYBIN A.K. AGED 24 YEARS, S/O KUNJUMON, ASHARUPARAMBIL, KUNNAMKARI MURI, VELIYANADU VILLAGE, KUTTANAD TALUK, ALAPPUZHA – 686102.

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BY ADVS. SRI.MANU HARSHAKUMAR SHRI. BINU SAM THOMAS

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RESPONDENTS/STATE:

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1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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2 EXCISE INSPECTOR, KUTTANAD EXCISE RANGE OFFICE, ALAPPUZHA – 686 012.

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OTHER PRESENT:

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SRI.AMJAD ALI, SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.4047 of 2020

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-2-

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ASHOK MENON, J. -----------------------------------B.A. No. 4047 of 2020

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Dated this the 4^th day of August, 2020

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O R D E R

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This is an application for anticipatory bail under Section 438 of Cr.P.C.

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The petitioner is the sole accused in Crime No.54/2020 of Kuttanad Excise Range for having allegedly committed the offences punishable under Section 55(g) of the Kerala Abkari Act.

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The prosecution case in brief is that, on 22.04.2020 at about 12.00 noon, the Excise party on getting information regarding the distillation of arrack by the petitioner, searched his residence, and seized 100 litres of wash in two cans preserved in the bathroom behind the house. Based on the statement given by the wife of the petitioner, and on verification of the ration card, he was implicated and proceeded against.

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The petitioner submits that he is innocent and the allegations are false and frivolous. The contraband was seized from the house solely on the basis of a statement allegedly given by his wife, and that the house belongs to his mother and not to him. Therefore, he cannot be proceeded against.

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B.A.No.4047 of 2020

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-3-

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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 petition for pre arrest 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 petition 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 he shall be at liberty to apply for regular bail before the jurisdictional Magistrate, which shall be disposed of, preferably on the very same day.

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With these observations, the Bail Application is dismissed.

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Sd/-

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ASHOK MENON JUDGE

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dkr

Shybin A.K. v. State of Kerala

Case brief

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Shybin A.K. v. State of Kerala

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