Allowed

Ananthu v. Public Prosecutor

Kerala HC22 Jul 2020Bail Appl./4471/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by Ananthu Ananthu, accused of offences under the Kerala Abkari Act. The Court granted bail considering lack of antecedents, the small quantity of liquor involved, and the pandemic situation.

What did the court decide?

The applicant was directed to be released on bail upon execution of a bond of Rs.50,000/- with two solvent sureties each for the like amount.

Ananthu Vs Public Prosecutor — Corruption | 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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WEDNESDAY, THE 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942

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Bail Appl..No.4471 OF 2020

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CRIME NO.61/2020 OF Kayamkulam Excise Range Office , Alappuzha

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PETITIONER/ACCUSED:

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ANANTHU ANANTHU, AGED 26, S/O.ASHOKAN, CHIRAYIL VEEDU, CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE, KARTHIKPPALLI TALUK, KAYAMKULAM.P.O, ALAPPUZHA DISTRICT 690501

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BY ADVS. SRI.M.G.SREEJITH SMT.MERSEENA VINCENT

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RESPONDENT:

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

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4471 OF 2020

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ORDER

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Dated this the 22nd day of July 2020

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Application for regular bail under Section 439

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Cr.P.C.

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The applicant is the sole accused in Crime

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No.61/2020 of Kayamkulam Excise Range Office, Alappuzha, for having allegedly committed offences punishable under Sections 8(i) and (ii) of the Kerala Abkari Act.

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The prosecution case in brief is that, on 29.04.2020 at about 10.30 p.m, while on patrol duty, the Excise officers of Kayamkulam Excise Range found the applicant coming towards the main

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road carrying a plastic bottle, and on interception he left the bottle and escaped from there. The Excise party could not arrest him. On examination of the bottle carried by him, it contained 1.5 litres of arrack. The applicant anticipating arrest, had earlier approached this

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Court seeking an anticipatory bail as BA

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Bail Appl..No.4471 OF 2020

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No.3678/2020 and the same was dismissed by this

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Court with a direction to surrender before the

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investigating officer and to apply for regular

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bail before the jurisdictional court. Accordingly

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the applicant surrendered on 17.07.2020, and he

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was arrested and produced before the

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jurisdictional court, and the bail application filed by him was rejected by the Judicial First Class Magistrate Court, Kayamkulam vide Annexure-3 order. The applicant remains in judicial custody and hence this application for bail.

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Heard the learned counsel for the applicant and the learned Public Prosecutor.

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The applicant admittedly does not have any criminal antecedents. Considering the quantity of

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the liquor involved, and the present pandemic

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situation, I find that further incarceration of

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the applicant may not be necessary

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In the result, the bail application is

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allowed and the applicant is directed to be released on bail on execution of bond for

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Bail Appl..No.4471 OF 2020

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Rs.50,000/- (Rupees Fifty thousand only) with two

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solvent sureties each for the like amount to the

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satisfaction of the jurisdictional court and on the following conditions;

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officer as and when called for.

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intimidate the witnesses.

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offences during the currency of the bail.

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In the event of violating the bail conditions,

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the prosecution shall be at liberty to apply for cancellation of bail which shall be considered and disposed of by the jurisdictional Magistrate.

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The application is disposed of as above.

Sd/-

ASHOK MENON

JUDGE

SPK

Ananthu v. Public Prosecutor

Case brief

What is this about?

What did the court decide?

Ananthu v. Public Prosecutor

Case brief

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What did the court decide?

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