Dismissed

Joby v. State of Kerala

Kerala HC18 Dec 2020Bail Appl./8896/2020

Case brief

AI extract

What is this about?

This is a punishment in the High Court of Kerala dismissing an application for anticipatory bail in an Abkari Act case. The court relied on Section 41A of the Act and precedent to refuse anticipatory bail, directing the accused to surrender for interrogation before applying for regular bail.

What did the court decide?

The applicant was directed to surrender before the Investigating Officer within three weeks to apply for regular bail.

Joby Vs State of Kerala — Property and Title | 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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FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942

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Bail Appl..No.8896 OF 2020

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CRIME NO.764/2020 OF VADAKKEKARA POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED:

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JOBY, AGED 45 YEARS, SON OF JOSE, MEKKANTHURUTHU HOUSE, PARAVATHURUTHU KARA, PARAVOOR VILLAGE, VADAKKEKARA, ERNAKULAM DISTRICT PIN-683522

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BY ADV. SRI.NIREESH MATHEW

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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.E.C.BINEESH - PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A..No.8896 OF 2020

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ORDER

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Dated this the 18th day of December 2020

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APPLICATION FOR ANTICIPATORY BAIL

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The applicant is arrayed as an accused in Crime

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No.764 of 2020 of Vadakkekara Police Station, Ernakulam, for having allegedly committed offences punishable under Section 55 (a) of the Kerala Abkari Act. The prosecution case, in brief, is this;

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On 01.12.2020 at about 7.30 PM, while the Police party were engaged in patrol duty in Moothakunnam Village, near Thiruthippuram Market, the accused was found to be in possession of 4 litres of Indian Made Foreign Liquor, which was seized as per the mahazar prepared at the place of occurrence. The applicant apprehends arrest and has, therefore, approached this Court for anticipatory bail stating that he is innocent and the allegations are not true and moreover, he has no criminal antecedents.

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B.A..No.8896 OF 2020

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned counsel appearing for the applicant states that this crime was implicated on the basis of mistaken identity. The Police conducted a search at the place of occurrence and the alleged contrabands were seized from a plastic bag which no one claimed the ownership and therefore, the Police fastened the liability upon the applicant. It is further stated that the applicant has no connection with the contrabands and no articles incriminating the applicant were seized from the said unclaimed bag. The falsity or acceptability of the prosecution case are matters of evidence which needs to be examined by the trial court during the trial. This court while examining a bail application cannot decide such matters.

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In view of the embargo under Section 41A 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 case. The applicant is directed to surrender before the Investigating Officer within three weeks and after interrogation, he shall be produced before the jurisdictional court at the

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B.A..No.8896 OF 2020

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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, keeping in view the dictum of this Court in Sukumari v. State of Kerala, 2001 (1) KLT 22 .

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With these observations, the bail application is

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dismissed.

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 Sd/-
 ASHOK MENON
 JUDGE

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NR/18/12/20

Joby v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joby v. State of Kerala

Case brief

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