Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 BAIL APPL. NO. 1583 OF 2024 CRIME NO.1/2024 OF KAYAMKULAM EXCISE RANGE OFFICE, ALAPPUZHA PETITIONER: RAJEEV KUMAR, AGED 31 YEARS, S/O RAJU, VARIYAVEETTIL, VELIAKULANGARA PO, CHENNITHALA, PIN - 690105 BY ADVS. P.THOMAS GEEVERGHESE TONY THOMAS (INCHIPARAMBIL) AMRUTHA K.P. SRADHA MOHAN SAGAR ROSHAN
RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 7th day of March,2024
ORDER
The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail.
2. The petitioner apprehends arrest by the Kayamkulam Excise Range Office, Alappuzha, in Crime No.1/2024 for allegedly committing the offence punishable under Section 55(i) of the Kerala Abkari Act.
3. Heard; Sri. P. Thomas Geeverghese, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Senior Public Prosecutor.
4. The learned Public Prosecutor, on instructions, submitted that as on today there is no case registered against the petitioner by the said police, as alleged in the bail application. In the light of the above submission, the bail -:3:-
application is closed. It is made clear that, if the presence of the petitioner is required by Kayamkulam Excise Range office with regard to the allegations made in the bail application, he shall be issued with a notice under Section 41A of the Code, if the offence alleged against him is punishable for less than seven years.
Sd/- C.S.DIAS,JUDGE rmm/7/3.2024