The High Court of Kerala dismissed a bail application under Section 438 CrPC. The court held that contraband was found near the petitioner's house, attracting mandatory arrest provisions under Section 41A of the Abkari Act, barring anticipatory bail.
Bail application dismissed under Section 41A of the Abkari Act.
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 P.G. AJITHKUMAR
TUESDAY, THE 14TH DAY OF DECEMBER 2021/23RD AGRAHAYANA, 1943 BAIL APPL. NO. 7009 OF 2021
CRIME NO.100 OF 2021 OF EXCISE RANGE OFFICE,
SREEKANDAPURAM, KANNUR
PETITIONER:
MATHEW P.J.,
AGED 65 YEARS, S/O. JOSEPH, PAQIYAPPANAL HOUSE, MALAPATTAM P.O. MALAPATTAM AMSOM DESOM, TALIPARAMBA, KANNUR - 670 631.
BY ADV P.B.AJOY
RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
SMT.C.SEENA, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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B.A.No.7009 of 2021
P.G. AJITHKUMAR, J.
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B.A.No. 7009 of 2021
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Dated this the 14th day of December, 2021
O R D E R
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2021 of Excise Range Office, Sreekandapuram. The offence alleged is under Section 55(g) of the Abkari Act.
report of the investigating officer along with a copy of the
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B.A.No.7009 of 2021
mahazar prepared after the seizure of the contraband.
contend that being an aged man of 65 years, he would not have been in a position to run away, even if it is admitted that he is involved in such a crime. There is no other criminal antecedents. Therefore, the learned counsel submits that the petitioner may be granted anticipatory bail.
said that the petitioner is innocent and has not involved in the
crime. In view of that matter, bar under Section 41A of the
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Abkari Act is attracted and the petitioner is not entitled to get anticipatory bail. Hence, the bail application is dismissed.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
1 issue framed by the court
Whether the petitioner is entitled to anticipate bail under Section 438 CrPC given the presence of contraband near his house under Section 55(g) of the Abkari Act.
3 provisions across 2 enactments
MATHEW P.J.
STATE OF KERALA
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
