The High Court of Kerala allowed anticipatory bail for two accused in an Abkari Act case involving Indian made foreign liquor. The court ruled that custodial interrogation was unnecessary and booked applicants must surrender within ten days.
Accused released on bail upon surrender within ten days, executing bond of Rs. 50,000 with two solvent sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL MONDAY, THE 19TH DAY OF JULY 2021 / 28TH ASHADHA, 1943 BAIL APPL. NO. 4039 OF 2021
CRIME NO. 179 OF 2021 OF NENMARA POLICE STATION, PALAKKAD.
PETITIONER/ACCUSED:
1 SHAFEEK AGED 36 YEARS SON OF ISMAIL, MAAIJALOOP KALAM, ALAMPALLAM, KAYARADI, NENMARA, PALAKKAD DISTRICT., PIN - 678510 2 ROY MATHEW AGED 47 YEARS SON OF MATHEW, PATHIL HOUSE, KAYARADI P.O, KARIMPARA, NENMARA, PALAKKAD DISTRICT BY ADV NIREESH MATHEW
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SR.PP - SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.4039 OF 2021
2
ORDER
Petitioners are accused Nos.2 and 3 in Crime No.179/2021 of Nenmara Police Station in Palakkad district, which was registered alleging offence punishable under Section 55(a) of the Abkari Act.
B.A.NO.4039 OF 2021
3
under Section 55(a) of the Abkari Act does not prescribe any statutory minimum substantive sentence, so that embargo under Section 41A of the Abkari Act is not attracted.
In the circumstances, the petitioners are at liberty to surrender before the Investigating Officer within ten days from today and make themselves available for interrogation; in the event of arrest, they shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; they 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.
Bail application is allowed as above.
Sd/-
K.HARIPAL
Jms/19.07
//True Copy// P.A to Judge
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in an offence under Section 55(a) of the Abkari Act given the absence of statutory minimum sentence.
3 provisions across 2 enactments
Shakeer
Roy Mathew
State of Kerala
K.Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
