Dismissed

Varghese Joseph v. State of Kerala

Kerala HC12 Oct 2022Bail Appl./1435/2022

Case brief

AI extract

What is this about?

The Kerala High Court rejected an application for anticipatory bail filed by the accused in a Crime No.17/2022 under the Abkari Act. The court observed that the petitioner was found possessing country-made liquor and fled upon seeing excise officials, declining to grant relief.

What did the court decide?

Anticipatory bail denied; petitioner directed to surrender to investigating officer and be produced before the Magistrate for bail consideration.

Varghese Joseph Vs State of Kerala — Anticipatory Bail | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 12TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944

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BAIL APPL. NO. 1435 OF 2022

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Crime No.17/2022 of Alakode Excise Range Office, Kannur District,

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PETITIONER/ACCUSED:

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VARGHESE JOSEPH
AGED 61 YEARS
SON OF JOSEPH, THENAMAKKAL, VIJAYAGIRI P.O., KAPIMALA,
VELLAD AMSOM, ALAKODE VIA, KANNUR DISTRICT, PIN -
670571
BY ADVS.
V.A.SATHEESH
ANAND V.S
V.T. MADHAVANUNNI

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SR.PP - SMT. SEETHA S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 1435 OF 2022 2

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VIJU ABRAHAM, J

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BA No.1435 of 2022

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Dated this the 12th day of October 2022

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O R D E R

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This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.17/2022 of Alakode Excise Range Office, Kannur District, alleging commission of offence punishable under Section 8(1) and 8(2) of Abkari Act.

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The prosecution case is that on 04.02.2022, at 6.30 am, at Kapimala-Muttathan Vayal road, Vellad Amsom, the petitioner was found possessing 3 plastic cans each containing 20 litres of Country made liquor. It is alleged that the petitioner had ran away from the spot on seeing the excise officials and thereby he has committed the aforesaid offence.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid offence and further submitted that he has no criminal antecedents.

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The learned Public Prosecutor seriously opposed the

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BAIL APPL. NO. 1435 OF 2022 3

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application for bail mainly contending that the petitioner was found in possession of 3 plastic cans each containing 20 litres of Country made liquor and on seeing the excise officials he ran away from the spot and further submitted that he has no other criminal antecedents.

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Considering the facts and circumstances of the case and the nature of allegations, I am not inclined to grant anticipatory bail to the petitioner. I dispose of the anticipatory bail application with the following directions:

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Petitioner shall surrender before the investigating officer

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and after interrogation, he shall be produced before the Jurisdictional Magistrate on the very same day and if the petitioner moves an application for bail with advance copy to the learned Public Prosecutor, the bail application shall be considered by the Jurisdictional Magistrate, preferably on the very same day taking note of the fact that he has no other criminal antecedents. sd/-

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VIJU ABRAHAM, JUDGE

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R.AV

Varghese Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Varghese Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

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