Dismissed

Sijo Paul v. State of Kerala

Kerala HC8 Oct 2020Bail Appl./6066/2020

Case brief

AI extract

What is this about?

Anticipatory bail application dismissed in an Abkari case. Court held that anticipatory bail cannot be granted under established precedent. Applicant directed to surrender and seek regular bail after investigation.

What did the court decide?

The bail application is dismissed. The applicant is directed to surrender before the Investigating Officer within two weeks and apply for regular bail after interrogation.

Sijo Paul 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 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942

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Bail Appl..No.6066 OF 2020

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CRIME NO.1011/2020 OF PERUMBAVOOR POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED:

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SIJO PAUL, AGED 34 YEARS, SON OF POULOSE, PANDIKKUDY HOUSE, ALATTUCHIRA P.O, KODANAD, ERNAKULAM PIN - 683544

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BY ADV. SRI.AJEESH M UMMER

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RESPONDENT:

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

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OTHER PRESENT:

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SRI.SANTHOSH PETER – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.6066 OF 2020

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ORDER

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Dated this the 08^th day of October, 2020

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APPLICATION FOR ANTICIPATORY BAIL

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The applicant is the 5th accused in Crime No.1011
of 2020 of Perumbavoor Police Station, Ernakulam, for
having allegedly committed offences punishable under
Section 55 (g), (d) of the Kerala Abkari Act. The prosecution
case, in brief, is this:

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2.On 30.04.2020, at about 01.15AM, the Police
Officials, on duty, intercepted the 1st accused, while he was
travelling in an Innova car, he was found to be transporting
300 litres of wash in the car. On the basis of the confession
statement given by the 1st accused, accused 2 to 4 were also
implicated. The applicant states that he is innocent and has
been implicated solely on the basis of the confession
statement given by the 1st accused. He has nothing to do with
the alleged act of possessing wash for the purpose of

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B.A.No.6066 OF 2020

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distillation. It is also stated that the applicant has no
criminal antecedents. And, therefore, he may be released on
anticipatory bail.

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3.Heard the learned counsel appearing for the
applicant and the learned Public Prosecutor. The specific
contention of the applicant is that he has been implicated
solely, on the basis of a confession statement. Confession
statements are admissible, provided there are other
corroborative material to support such evidence. The
investigation is still at a very nascent stage. And, therefore,
the Investigating Officer has still more time to collect
evidence in support of the confession statement, allegedly
given by the 1st accused.

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4. In view of the embargo under Section 41A and
also the presumption under Section 64 of the Abkari Act and
in view of the decision of the Hon'ble Supreme Court of India
in Muraleedharan v. State of Kerala [2001 KHC 411],
the applicant cannot seek anticipatory bail in an Abkari

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B.A.No.6066 OF 2020

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case. The applicant is directed to surrender before the
Investigating Officer within two weeks and after
interrogation, he shall be produced before the jurisdictional
court at the earliest, where he is at liberty to apply for a
regular bail which shall be preferably considered and
disposed of on the very same date.

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With these observations, the bail application is
dismissed.

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 Sd/-
 ASHOK MENON
 JUDGE

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NR/08/10/20

Sijo Paul v. State of Kerala

Case brief

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Sijo Paul v. State of Kerala

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