Anticipatory bail application dismissed. Applicant directed to surrender within two weeks or face arrest, after which regular bail will be considered.
Applicant directed to surrender before investigating officer within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
BAIL APPL. NO. 3322 OF 2021
CRIME NO.63/2020 OF CHELANNUR EXCISE RANGE OFFICE, KOZHIKODE
PETITIONER/ACCUSED:
SANTHOSH.E.P., AGED 49 YEARS, SON OF MADHAVAN, KALAPURATH HOUSE, POOLADI KUNNU, ERANHIKKAL.P.O., KOZHIKODE-673 303, KOZHIKODE, PIN – 673 303.
BY ADVS. B.PREMNATH (E) SHRI.SARATH M.S.
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031 .
BY ADV . SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.06.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 3322 OF 2021
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O R D E R
This is an application for anticipatory bail filed under Section 438 of Cr.P.C.
The applicant is the accused in Crime No.63 of 2020 of Chelannur Excise Range for having allegedly committed an offence punishable under Section 55(g) of the Abkari Act.
BAIL APPL. NO. 3322 OF 2021
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and neither he was arrested for the last one year after the alleged occurrence which indicates that he is innocent and moreover it is a big compound which belongs to Vilasini. There is no reason why he should be believed to be the perpetrator of the crime and therefore there is reasonable ground to believe that the applicant is innocent and hence he seeks bail.
BAIL APPL. NO. 3322 OF 2021
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liberty to apply for regular bail. This shall be considered and disposed of on the same day keeping in view the decision in Sukumari v. State of Kerala [2001 (1) KLT 22].
akv
Sd/ASHOK MENON JUDGE
2 issues framed by the court
Whether anticipatory bail can be granted without directing the accused to surrender or face arrest.
Whether the application for bail can be treated as a mini-trial for decided facts.
Colour shows how this judgement treated each authority
Muraleedharan v. State of KeralaExplained¶24
[2001 KHC 411]: [2001 (4) SCC 638] · Who else cites this
Sukumari v. State of KeralaExplained¶27
[2001 (1) KLT 22]
3 provisions across 2 enactments
Santhosh.E.P.
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ashok Menon
Parties & counsel
