Allowed

Ashokan P v. State of Kerala

Kerala HC16 Jul 2021Bail Appl./2609/2021

Case brief

AI extract

What is this about?

This court allowed an application for anticipatory bail filed by an accused alleged to have possessed unauthorized liquor under Section 58 of the Abkari Act. The petitioner must surrender for interrogation within ten days and satisfy bond conditions if arrested.

What did the court decide?

Anticipatory bail allowed; petitioner directed to surrender within ten days and execute bond if arrested.

Ashokan P Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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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 K.HARIPAL

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FRIDAY, THE 16^TH DAY OF JULY 2021 / 25TH ASHADHA, 1943 BAIL APPL. NO. 2609 OF 2021

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CRIME NO.94 OF 2020 OF HOSDURG EXCISE RANGE OFFICE, KASARAGOD

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PETITIONER/ACCUSED:

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ASHOKAN P AGED 41 YEARS

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S/O. AMBUNHI, BALLA HOUSE, ALAI, AMBALATHUKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT KASARGOD, PIN - 671315

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BY ADV SHIBA M SAMUEL

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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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ADV. SRI. SANTHOSH PETER, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 2609 OF 2021

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ORDER

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This is an application filed under Section 438 of the

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Cr.P.C, seeking anticipatory bail. The petitioner is the sole accused in Crime No. 94 of 2020 of Hosdurg Excise Range office in Kasargod district. The crime was registered alleging offence punishable under Section 58 of the Abkari Act for having possession of 750 ml of India made foreign liquor, which is saleable only in Karnataka.

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I heard the learned counsel on both sides.

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The learned counsel for the petitioner submits that he has no criminal antecedents to his credit. The quantity involved is too small. In the nature of the allegation, custodial interrogation of the petitioner is not necessary. Moreover, offence under Section 58

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of the Abkari Act does not prescribe any statutory minimum substantive sentence, so that the embargo under Section 41A of the Abkari Act cannot be attracted.

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In the circumstances, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for

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BAIL APPL. NO. 2609 OF 2021

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Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer;

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he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not

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involve in any crime during the period on bail.

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Bail Application is allowed as above.

SD/-

K.HARIPAL

JUDGE

rps/

Ashokan P v. State of Kerala

Case brief

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Ashokan P v. State of Kerala

Case brief

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