The petitioner sought pre-arrest bail in a case under the Kerala Abkari Act for possessing illicit arrack. The Court refused the application, holding that the nature of the accusation and the necessity for interrogation made it an unfit case for exercising discretion under Section 438 CrPC.
The grant of pre-arrest bail is denied under Section 438 CrPC.
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BAIL APPL. NO. 6303 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 BAIL APPL. NO. 6303 OF 2021
(CRIME NO.36 OF 2021 OF KUTTAMPUZHA EXCISE RANGE OFFICE)
PETITIONER/ACCUSED
SOJAN
AGED 41 YEARS MATHAI, THACHUTHARAYIL HOUSE, MANIKANDANCHAL KARA, KUTTAMPUZHA, ERNAKULAM DISTRICT, PIN-696681.
BY ADVS. A.C.DEVASIA MATHEW DEVASSI
RESPONDENT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
OTHER PRESENT:
SRI. MANU.P.G- SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6303 OF 2021
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ORDER
Application for pre-arrest bail.
BAIL APPL. NO. 6303 OF 2021
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Considering the nature of the accusations levelled against this petitioner, I do not think that this is a fit and apt case in which the discretion of this Court available under Section 438 of the Code of Criminal Procedure could be exercised in favour of this petitioner and to
BAIL APPL. NO. 6303 OF 2021
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grant pre-arrest bail as requested
The bail application is dismissed.
Sd/-
SHIRCY V.
JUDGE
smm
2 issues framed by the court
Whether discretionary pre-arrest bail under Section 438 CrPC should be granted in a case involving possession of illicit arrack.
Whether granting anticipatory bail would impede the investigation conducted by the excise department.
2 provisions across 2 enactments
SOJAN
STATE OF KERALA
SHIRCY V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
