Aneesh K vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 18, 2023

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Citation: sooperkanoon.com/1330502
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Jan 18, 2023
Case Number: Bail Appl./152/2023

Parties & Advocates

Appellant / Petitioner

Aneesh K

Respondent

State of Kerala

Excerpt

.....no.152 of 2023 dated this the 18th day of january, 2023orderthis is an application for anticipatory bail.2. the petitioner is the sole accused in crime no.5/2022 of excise range office, ettumanoor alleging commission of offences punishable under sections 8(1) and 8(2) of the abkari act, 1077.3. the prosecution allegation is that, on 14.01.2022, the excise officials attached to excise range ettumanoor got an anonymous information about the distillation of arrack in a shedin which the accused resides. the officers proceeded to the place of occurrence and found some jars and wash and also found 2 litres of arrack and 225 litres of wash and thus the accused has committed the aforesaid offences.4. the learned counsel for the petitioner submitted thathe has been falsely implicated in the above said crime and the alleged contraband is already recovered and his custodial interrogation is not required for the purpose of the investigation.5. the learned public prosecutor upon instructions .. 3 .. submitted that 4 litres of arrack and 225 litres of wash was seized from the property of one sudhamani, who is the motherof the petitioner. it is further submitted that the petitioner is involved in another case of a similar nature as crime no.31/2021 of excise range office, ettumanoor, which is now pending as sc no.551/2022of the addl.sessions court, kottayam.6. taking into consideration the nature of allegations and the previous antecedents of the petitioner, i am not inclined to grant anticipatory bail to the petitioner. i dispose of the anticipatory bail application with the following directions: petitioner shall surrender before the investigating officerand 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. sd/- viju.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944 BAIL APPL. NO. 152 OF 2023 CRIME NO.5/2022 OF EXCISE RANGE OFFICE, ETTUMANOOR PETITIONER: ANEESH K AGED 45 YEARS, S/O. KUNJACHAN, VANIYAPURACKAL VEEDU, VALLIYAT KARA, AYMANAM VILLAGE, KOTTAYAM TALUK, KOTAYAM DISTRICT., PIN - 686015 BY ADV SIRAJ KAROLY RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV SRI.M.C.ASHI - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: .. 2 ..
VIJU ABRAHAM, J.
B.A. No.152 of 2023 Dated this the 18th day of January, 2023

ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.5/2022 of Excise Range Office, Ettumanoor alleging commission of offences punishable under Sections 8(1) and 8(2) of the Abkari Act, 1077.

3. The prosecution allegation is that, on 14.01.2022, the excise officials attached to excise range Ettumanoor got an anonymous information about the distillation of arrack in a shed

in which the accused resides. The officers proceeded to the place of occurrence and found some jars and wash and also found 2 litres of arrack and 225 litres of wash and thus the accused has committed the aforesaid offences.

4. The learned counsel for the petitioner submitted that

he has been falsely implicated in the above said crime and the alleged contraband is already recovered and his custodial interrogation is not required for the purpose of the investigation.

5. The learned Public Prosecutor upon instructions .. 3 .. submitted that 4 litres of arrack and 225 litres of wash was seized from the property of one Sudhamani, who is the mother

of the petitioner. It is further submitted that the petitioner is involved in another case of a similar nature as crime No.31/2021 of Excise Range Office, Ettumanoor, which is now pending as SC No.551/2022of the Addl.Sessions Court, Kottayam.

6. Taking into consideration the nature of allegations and the previous antecedents of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. I dispose of the anticipatory bail application with the following directions: Petitioner shall surrender before the investigating officer

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. Sd/- VIJU ABRAHAM, JUDGE ded/18.01.2023

Same Court & Year Kerala Orders · 2023 Same Parties Aneesh K vs State of Kerala Same Judge Honourable Mr.Justice Viju Abraham