The court dismissed an anticipatory bail application filed under Section 438 CrPC involving alleged arrack distilling. Relying on the embargo in Section 41A of the Kerala Abkari Act, the court refused bail and directed surrender within two weeks.
Application disposed of; applicant directed to surrender to Investigating Officer within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
Bail Appl..No.109 OF 2021
CRIME NO.1334/2020 OF CHEVAYUR POLICE STATION, KOZHIKODE
PETITIONER:
ANEESH AGED 37 YEARS SON OF UNNIRI, SANTHOSH NIVAS, KIZHAKKUMMURI, KAKKODI VIA, KOZHIKODE, NOW RESIDING AT EDAKKAD HOUSE, ERAVANNUR, KOZHIKODE - 673585 BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.109 OF 2021
2
O R D E R
Dated this the 19th day of January 2021
This Bail Application filed under Section 438 of the Criminal Procedure Code was heard through Video Conference.
Bail Appl..No.109 OF 2021
3
Bail Appl..No.109 OF 2021
4
disposed of with the direction to the applicant to surrender before the Investigating Officer within two weeks. In the event arrest, he shall be produced before the jurisdictional court, where she is at liberty to apply for a regular bail which shall be considered and preferably disposed of on the same day.
With these observations, the Bail Application is disposed of.
(Sd/-)
ASHOK MENON JUDGE
LU
3 issues framed by the court
Whether anticipatory bail can be granted to the applicant under Section 438 CrPC given the embargo under Section 41A of the Kerala Abkari Act.
Whether the possibility of third parties placing contraband in an uninhabited house owned by the applicant is a ground to grant bail.
What directions should be issued when anticipatory bail cannot be granted under a statutory embargo.
Colour shows how this judgement treated each authority
Muraleedharan v. State of KeralaReferred¶7
Muraleedharan v. State of Kerala [2001 KHC 411]
3 provisions across 2 enactments
Aneesh
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
