The High Court of Kerala granted anticipatory bail to the petitioner in a case involving possession of contraband arrack. The court found no need for custodial interrogation and allowed bail pending investigation.
Petitioner allowed to surrender within ten days or be released on Rs. 50,000 bond with two sureties upon arrest.
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. 5152 OF 2021
CRIME NO.35/2021 OF EXCISE RANGE, KUTHIYATHODE
PETITIONER/S:
JOJI AGED 37 YEARS VACHUTHARA, KUTHIYATHODU.P.O, CHERTHALA, ALAPPUZHA., PIN - 688533 BY ADVS. K.P.PRASANTH ARCHANA SURESH JINSON JACOB SHAIN V.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 EXCISE INSPECTOR EXICSE RANGE OFFICE , KUTHIYATHODE, ALAPUZHA, PIN - 688533 BY ADV PUBLIC PROSECUTOR
PP - SMT. SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
The petitioner, the sole accused in Crime No.35/2021 of Excise Range Office, Kuthiyathode is before Court seeking anticipatory bail under Section 438 of the Cr.P.C.
that he has no criminal antecedents. He is not involved in
the incident. The motor cycle which was seized by the investigating agency belongs to his wife, that he has no connection with the contraband in question.
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he has no criminal antecedents to his credit.
In the result, 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
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contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the
period on bail.
This bail application is allowed as above.
Sd/-
K.HARIPAL JUDGE
SPR
1 issue framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. in a case alleging illegal sale of arrack under the Abkari Act.
3 provisions across 2 enactments
JOJI
STATE OF KERALA
EXCISE INSPECTOR
K. HARI PAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
