Babu vs State of Kerala

BABU vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 22, 2023

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https://sooperkanoon.com/case/1411747

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Citation: sooperkanoon.com/1411747
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Dec 22, 2023
Case Number: Bail Appl./11017/2023

Parties & Advocates

Appellant / Petitioner

BABU

Respondent

State of Kerala

Excerpt

.....office, irinjalakuda, conducted a search in the house of the petitioner and seized 300 litres of wash prepared for distilling arrack and other utensils for distilling arrack. thereby, the accused has committed the above-said offence. ..3..3. the learned counsel appearing for the petitioner and the learned public prosecutor were heard.4. after hearing the learned counsel for thepetitioner and the learned public prosecutor, it cannot be said that the offences alleged are not attracted in the case. considering the allegations against the petitioner that the petitioner stored the 300 litres of wash in the property which belongs to the petitioner, and also the impact of section 41a of the abkari act, i am of the view that the petitioner is not entitled to get anticipatory bail as it might adversely affect a proper investigation. however, the following directions are issued:5. in the event the petitioner surrenders before the investigating officer within two weeks from today, he shall be interrogated and thereafter, shall be produced beforethe 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 ..4.. 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. sd/- mohammed nias c.p. judge bng

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 BAIL APPL. NO. 11017 OF 2023 CRIME NO.162/2023 OF IRINJALAKUDA EXCISE RANGE OFFICE, THRISSUR AGAINST THE ORDER/JUDGMENT CRMC 1712/2023 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONER/ACCUSED: BABU AGED 50 YEARS S/O AYYAPPAN @ AYYAPPANKUTTY, THEKKANVEETTIL, NADAMPADAM DESOM, VARANDARAPPILLY VILLAGE, P.O. PALAPPILLY, THRISSUR. NOW RESIDING AT: THEKKANVEETTIL HOUSE, KORANADI DESOM, VARANDARAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR, PIN - 680303 BY ADV RAJESH CHAKYAT
RESPONDENTS/COMPLAINANT-STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE EXCISE INSPECTOR EXCISE RANGE OFFICE, IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121 OTHER PRESENT: SMT. T.V. NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. MOHAMMED NIAS C.P.J --------------------- B.A.No.11017 of 2023 --------------------------- Dated this the 22nd day of December, 2023

ORDER

Apprehending arrest in Crime No.162/2023 of Irinjalakuda Excise Range Office, Thrissur, registered for an offence punishable under Section 55g of the Kerala Abkari Act, the accused has filed this application, under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail.

2. The prosecution case is that, on 10.10.2023 at

about 1.30 am, the Excise Inspector of Excise Range Office, Irinjalakuda, conducted a search in the house of the petitioner and seized 300 litres of wash prepared for distilling arrack and other utensils for distilling arrack. Thereby, the accused has committed the above-said offence. ..3..

3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

4. After hearing the learned counsel for the

petitioner and the learned Public Prosecutor, it cannot be said that the offences alleged are not attracted in the case. Considering the allegations against the petitioner that the petitioner stored the 300 litres of wash in the property which belongs to the petitioner, and also the impact of Section 41A of the Abkari Act, I am of the view that the petitioner is not entitled to get anticipatory bail as it might adversely affect a proper investigation. However, the following directions are issued:

5. In the event the petitioner surrenders before the Investigating Officer within two weeks from today, 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 ..4.. 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. Sd/- MOHAMMED NIAS C.P. JUDGE bng

Same Court & Year Kerala · 2023 Same Parties BABU vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.