In a bail application filed under Section 438 CrPC regarding alleged offences under the Kerala Abkari Act, the Court held that the prayer for anticipatory bail could not be entertained due to the embargo under Section 41A of the Act. 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
FRIDAY, THE 11TH DAY OF SEPTEMBER 2020 / 20TH BHADRA, 1942 Bail Appl..No.4273 OF 2020
CRIME NO.39/2020 OF Mavelikkara Excise Range Office , Alappuzha
PETITIONER:
RAJESH AGED 40 YEARS S/O.RAJAN, NIVANINAL THEKKETHIL, RAJESH BHAVANAM, ARUNOOTTIMANGALAM, THAZHAKKARA VILLAGE, MAVELIKARA, ALAPPUZHA DISTRICT. 690102 BY ADVS. SMT.JISHA P.C. SRI.B.RENJITHKUMAR
RESPONDENT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 682031
BY ADV.
C N PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 4273 of 2020
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ASHOK MENON, J.
B.A.No. 4273 of 2020
Dated this the 11th day of September, 2020
O R D E R
APPLICATION FOR ANTICIPATORY BAIL FILED UNDER SECTION 438 OF THE
CRIMINAL PROCEDURE CODE
The applicant is the sole accused in Crime No.39/2020 of Mavelikkara Excise Range Office, Alappuzha, for having allegedly committed offences punishable under Sections 8(1) & (2) of the Kerala Abkari Act.
B.A.No. 4273 of 2020
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The Bail Application is disposed of as above.
Sd/ASHOK MENON JUDGE
VPK
1 issue framed by the court
Whether an application for anticipatory bail can be entertained when there is an embargo under Section 41A of the Kerala Abkari Act.
2 provisions across 2 enactments
Rajesh
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
