The court dismissed the applicant's anticipatory bail application under Section 438 Cr.P.C., ruling that Section 41A of the Kerala Abkari Act imposes an embargo preventing pre-arrest bail consideration.
Anticipatory bail application dismissed; directed to surrender within two weeks for regular bail consideration.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
Bail Appl.No.137 OF 2021
CRIME NO.59/2020 OF Cherppu Excise Range Office , Thrissur
PETITIONER/S:
DINTO DEVASSY, AGED 32 YEARS, SON OF DEVASSY, KOLLANNUR, ALAPAD P.O, THRISSUR – 680641.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.137 OF 2021
2
O R D E R
Dated this the 21st day of January 2021
This is an application for anticipatory bail under
Section 438 of Cr.P.C.
No.59/2020 of Cherppu Excise Range for having allegedly committed the offences punishable under Section 58 of the Kerala Abkari Act.
30.12.2020 at about 10.00 AM, the Excise party attached the Cherpu Excise Range seized 9 litres of Indian made foreign liquor meant for sale in Pondicherry only from a motor shed of the Manalipadam Jubilee Padasekhara Samithi. The 1st accused, who was the motor operator,
was present and he was taken into custody. On
questioning, he confessed that the said liquor was
stored for the applicant herein.
3
Bail Appl.No.137 OF 2021
the allegations are not true. He has no other criminal antecedents. He apprehends arrest, and therefore, approaches this Court for anticipatory bail.
that the application for pre-arrest bail cannot be entertained by this Court. Under the circumstances, the application is only to be dismissed.
which shall be considered and disposed of
preferably on the very same date, keeping in view the
Bail Appl.No.137 OF 2021
4
dictum of this Court in Sukumari v. State of Kerala,
2001 (1) KLT 22 .
Sd/-
ASHOK MENON
JUDGE
dkr
2 issues framed by the court
Whether an application for anticipatory bail under Section 438 Cr.P.C. can be entertained under the embargo of Section 41A of the Kerala Abkari Act.
What direction should the court issue regarding the applicant's surrender and subsequent bail application.
Colour shows how this judgement treated each authority
Mureedharan v. State of KeralaReferred¶34
Muraleedharan v. State of Kerala, 2001 KHC 411
Sukumari v. State of KeralaReferred¶41
Sukumari v. State of Kerala, 2001 (1) KLT 22
3 provisions across 2 enactments
DINTO DEVASSY
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
