Allowed

Sabu v. State of Kerala

Kerala HC9 Jul 2021Bail Appl./3139/2021

Case brief

AI extract

What is this about?

The court allowed an application for anticipatory bail. The applicant alleged involvement in illegal arrack manufacturing. The court directed surrender within ten days and granted bail upon execution of a bond with sureties.

What did the court decide?

Anticipatory bail granted subject to surrender within ten days, execution of bond with two sureties, cooperation with investigation, and non-interference with witnesses.

Sabu Vs State of Kerala — Bail and Remand | 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 FRIDAY, THE 9^TH DAY OF JULY 2021 / 18TH ASHADHA, 1943 BAIL APPL. NO. 3139 OF 2021

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CRIME NO. 9/2021 OF KOOTTAMPUZHA EXCISE RANGE OFFICE, ERNAKULAM PETITIONER/ACCUSED:

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SABU P.S.@ SANU AGED 45 YEARS, S/O. SAHADEVAN POOVAMTHARAYIL HOUSE, MANIKANDANCHAL KARA KUTTAMPUZHA, ERNAKULAM, PIN – 696681

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BY ADV. MATHEW DEVASSI

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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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BY SRI. SANTHOSH PETER, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Bail Appl.No.3139 OF 2021 2

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ORDER

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The sole accused in Crime No. 09/2021 of Kuttampuzha

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Excise Range has moved this Court seeking anticipatory bail under Section 438 of the Code of Criminal Procedure. Going by the prosecution records, on 21.03.2021, on getting reliable information about the illegal manufacturing of arrack in House No. VII/10, (2011-12 to 2015-16) of Kuttampuzha Panchayat, the Excise party proceeded to the said house and found a person engaged in manufacturing arrack. But seeing the Excise party, he ran away from the place. However, 55 litres of arrack and 140 litres of wash and other paraphernalia were found in the residence. On that basis, crime was registered alleging offences under Sections 8(1), (2) and 55(g) of the Abkari Act and now apprehending arrest the petitioner has moved this Court.

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The learned counsel for the petitioner submits that

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the petitioner is not an ordinary resident of the said house. He has also placed reliance on the ration card to say that he is residing elsewhere. Whatever it may be, the learned Public Prosecutor has submitted that the petitioner has no criminal antecedents to his credit.

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The contraband has already been seized from the said

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Bail Appl.No.3139 OF 2021 3

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house. The question whether it was he who had arranged the contraband and other items and was found in manufacturing arrack is a question of fact to be decided after trial. He has no criminal antecedents to his credit. Moreover, the embargo under Section 41A of the Abkari Act cannot come into place so long as offence under Sections 8(1) and 55(g) of the Abkari Act do not prescribe any statutory minimum substantive sentence.

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On 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 Rs.50,000/-(Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation; shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

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The bail application is allowed as above.

Sd/-

K.HARIPAL

JUDGE

DCS/12.07.2021

Sabu v. State of Kerala

Case brief

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Sabu v. State of Kerala

Case brief

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What did the court decide?

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