Haridas.B, vs State of Kerala

Type Court Judgment Court Kerala Decided Sep 30, 2023

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Citation: sooperkanoon.com/1386096
Court: Kerala High Court
Decided On: Sep 30, 2023
Case Number: Bail Appl./7488/2023

Parties & Advocates

Appellant / Petitioner

Haridas.B,

Respondent

State of Kerala

Excerpt

.....------------------------------------------------------ dated this the 30th day of september , 2023.orderapprehending arrest in crime no.61 of 2023 of neyyattinkara excise range, the accused has filed this petition seeking pre-arrest bail.2. the prosecution allegation is that the petitioner was found in possession of illicit arrack for the purpose of sale and, thereby, committed the aforesaid offences.3. the learned counsel appearing for the petitioner and thelearned public prosecutor were heard. learned prosecutor submits that the petitioner is an accused in crime no. 61 of 2023 alleging offences under sections 55(a), 55(i), 58 and 67b of abkari act.4. taking into account the accusations levelled against thepetitioner that he was in possession of illicit arrack, i am of the view that the petitioner is not entitled to get anticipatory bail as it will adversely affect a proper investigation.5. therefore, the following directions are issued:-in the event the petitioner surrenders before the investigating officer within ten days, he shall be interrogated and thereafter, shall be produced before the magistrate having jurisdiction on the date of surrender itself. if the petitioner moves for bail, the court below shall, untrammelled by any of the observations inthis order, consider the bail application on merits as expeditiously as possible. if the petitioner does not surrender before the investigating officer, as directed above, the investigating officer will be free to arrest the petitioner as if noorder has been passed in this case.the bail application is disposed of as above. sd/- mohammed nias c.p smm judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 BAIL APPL. NO. 7488 OF 2023 (CRIME NO.61 OF 2023 OF EXCISE RANGE, NEYYATTINKARA) PETITIONER HARIDAS.B, AGED 48 YEARS S/O.BHASI.J,TC P.O,THIRUVANANTHAPURAM DISTRICT, PIN - 695018 BY ADV P.T.SHEEJISH RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 OTHER PRESENT: SR.PP-SMT.T.V.NEEMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P, J.
--------------------------------------------- B.A. No.7488 of 2023 ------------------------------------------------------ Dated this the 30th day of September , 2023.

ORDER

Apprehending arrest in Crime No.61 of 2023 of Neyyattinkara Excise Range, the accused has filed this petition seeking pre-arrest bail.

2. The prosecution allegation is that the petitioner was found in possession of illicit arrack for the purpose of sale and, thereby, committed the aforesaid offences.

3. The learned counsel appearing for the petitioner and the

learned Public Prosecutor were heard. Learned Prosecutor submits that the petitioner is an accused in Crime No. 61 of 2023 alleging offences under Sections 55(a), 55(i), 58 and 67B of Abkari Act.

4. Taking into account the accusations levelled against the

petitioner that he was in possession of illicit arrack, I am of the view that the petitioner is not entitled to get anticipatory bail as it will adversely affect a proper investigation.

5. Therefore, the following directions are issued:-

In the event the petitioner surrenders before the Investigating Officer within ten days, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in

this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no

order has been passed in this case.

The bail application is disposed of as above. Sd/- MOHAMMED NIAS C.P smm JUDGE

Same Court & Year Kerala · 2023 Same Parties Haridas.B, vs State of Kerala