In a bail application filed as accused in a drug offense under the Kerala Abkari Act, the High Court rejected the prayer for pre-arrest bail due to the grave nature of the alleged offence, directing the accused to seek regular bail by surrendering.
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 MRS. JUSTICE SHIRCY V.
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
BAIL APPL. NO. 5886 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 925/2021 OF SESSIONS COURT, THRISSUR
PETITIONERS/ACCUSED:
1 ABIKRISHNA T.U. AGED 20 YEARS S/O.UNNIKRISHNAN, THOTTAPPILLY HOUSE, KALLETUMKARA VILLAGE, MUKUNDAPURAM TALUK, P.O.KALLETUMKARA, THRISSUR DISTRICT, PIN - 680 683.
2 VINAY T.V. S/O.THECHAN VENUGOPAL, AGED 20 YEARS, THATTAYATH HOUSE, MURIYAD VILLAGE, MUKUNDAPURAM TALUK, P.O.MURIYAD, THRISSUR DISTRICT, PIN - 680 683.
3 AKSHAY T.K. S/O.KRISHNANKUTTY, AGED 23 YEARS, THOTTAPPILLY HOUSE, KALLETUMKARA VILLAGE, MUKUNDAPURAM TALUK, P.O.KALLETUMKARA, THRISSUR DISTRICT, PIN - 680 683.
BY ADVS. ABRAHAM MATHAN C.B.JITHIN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SREEJA.V- SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5886 OF 2021
2
ORDER
Application for pre-arrest bail.
Petitioners are accused in Crime No.299/2021 of Aloor Police Station, Thrissur District registered for the offences punishable under Sections 8(1), 8(2) and 55(g) of the Kerala Abkari Act.
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BAIL APPL. NO. 5886 OF 2021
police team had conducted search of the place of occurrence on getting reliable information and when they reached there, they could find illicit liquor, Wash and utensils used for distillation of illicit arrack. But it is revealed from the records that, as the petitioners fled away from the spot, the police team could not apprehended them.
No doubt, the gravity of the offences alleged against these petitioners are grave and serious in nature. As the offences alleged against these petitioners are grave and serious, I do not think that they are entitled to get pre-arrest bail as sought for by the learned counsel for the petitioners. Therefore, this application is only to be dismissed and I do so. The petitioners shall surrender before the jurisdictional court and seek regular bail.
Sd/-
SHIRCY V.
JUDGE
mpm
1 issue framed by the court
Whether the petitioners are entitled to pre-arrest bail in cases of grave offences under the Kerala Abkari Act.
1 provisions across 1 enactments
ABIKRISHNA T.U. and 2 others
STATE OF KERALA
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
