The Court refused anticipatory bail to an accused charged under the Kerala Abkari Act. Relying on the embargo under Section 41A and the precedent in Muraleedharan, the Court dismissed the application and directed surrender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
Bail Appl..No.626 OF 2021
CRIME NO.1304/2020 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER:
TOM DAS H AGED 25 YEARS DAS VILLA, T.C 69 OF 798 CHERIYAMUTTOM, POONTHURA P.O THIRUVANANTHAPURAM 695026
BY ADV. SRI.Y.BEYLINE DASY
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
2 STATION HOUSE OFFICER POONTHURA POLICE STATION THIRUVANANTHAPURAM 695026
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.626 OF 2021
2
O R D E R
Dated this the 2nd day of February 2021
This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
Bail Appl..No.626 OF 2021
3
of 68 liters of Old Port Deluxe Rum was seized from the auto rickshaw. He could not be arrested. The applicant apprehends and he may be arrested. Hence, he has approached this Court for anticipatory bail
Bail Appl..No.626 OF 2021
4
In view of the embargo under Section 41A of the Kerala Abkari Act and the decision of the Honorable Supreme Court in Muraleedharan v. State of Kerala [2001 KHC 411], anticipatory bail cannot be granted to the applicant. The application is therefore disposed of with the direction to the applicant to surrender before the Investigating Officer within two weeks. In the event of being arrested he shall be produced before the jurisdictional court, where he is at liberty to apply for a regular bail which shall be considered and preferably disposed of on the same day.
With these observations, the Bail Application is disposed of.
(Sd/-) ASHOK MENON JUDGE
LU
2 issues framed by the court
Whether anticipatory bail is maintainable under Section 438 CrPC when an embargo under Section 41A of the Kerala Abkari Act applies to the offence.
Whether the accused is entitled to pre-arrest bail given the seizure of liquor and the embargo on bail in abkari cases.
Colour shows how this judgement treated each authority
Muraleedharan v. State of KeralaRelied on¶32
_Muraleedharan v. State of Kerala [2001 KHC 411]_
3 provisions across 2 enactments
TOM DAS H
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
