Allowed

Alin a. v. State of Kerala

Kerala HC2 Aug 2021Bail Appl./4438/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner under Section 438 CrPC in an offence under the Abkari Act. The court held that Section 41A of the Act does not attract as there is no statutory minimum sentence, permitting surrender and bail upon bond.

What did the court decide?

Petitioner allowed to surrender within ten days; bail granted on bond of Rs.50,000 with two solvent sureties.

Alin a. 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

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MONDAY, THE 2^ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 BAIL APPL. NO. 4438 OF 2021

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IN CRIME NO.334/2021 OF CHAVARA THEKKUMBHAGOM POLICE STATION,

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KOLLAM

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PETITIONER/ACCUSED:

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ALIN A. AGED 35 YEARS S/O.ANDREWS, VINU BHAVANAM, THEVALAKKARA P.O., KOLLAM DISTRICT - 691 590. BY ADVS. PRATHEESH.P AMAR PRASANTH G. ANJANA KANNATH S.REKHA KUMARI S.SEETHA

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682031. 2 STATION HOUSE OFFICER CHAVARA THEKKUMBHAGOM POLICE STATION, KOLLAM - 691 584.

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SR.PP - SREEJA V.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.NO.4438 OF 2021

ORDER

This is an application filed under Section 438 of the Cr.P.C.

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Petitioner is the sole accused in Crime No.334/2021 of Chavara Thekkumbhagom police station in Kollam district, which was registered alleging offence punishable under Section 8(1) and (2) of the Abkari Act.

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It is alleged that on 31.05.2021, when the police party searched the house of the petitioner, 200ml of illicit arrack was found there, seeing the party, the accused had run away from the place that he could not be arrested.

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I heard the learned counsel on both sides.

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The learned Public Prosecutor has submitted that even

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though he does not have any case registered under the Abkari Act, he has criminal antecedents, having involved in four IPC cases and also 107 proceedings are pending against him.

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Whatever it may be, he does not have Abkari offences to his credit. The contraband has already been seized. Offence under Section 8(1) of the Abkari Act does not postulate any statutory minimum substantive sentence, so that the embargo under Section

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B.A.NO.4438 OF 2021

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41A of the Abkari Act is not attracted.

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Therefore, the petitioner is at liberty to surrender before the Investigating Officer within ten days from today and 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; shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the

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evidence and shall not involve in any crime during the period on bail.

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Bail application is allowed as above.

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K.HARIPAL

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Jms/02.08 //True Copy// P.A to Judge

Alin a. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alin a. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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