Ajayan vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 28, 2021

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Citation: sooperkanoon.com/1593158
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jan 28, 2021
Case Number: Bail Appl./439/2021

Parties & Advocates

Appellant / Petitioner

Ajayan

Respondent

State of Kerala

Excerpt

.....pathanamthitta, which is pending as s.c.no.760 of 2012 on the files of iind additional sessions court, pathanamthitta, for having allegedly committed offences punishable under sections 8(1) and (2) of the kerala abkari act. the prosecution case, in brief, is this:2. the allegation against him is that on 04.09.2008, hewas found to be in possession of 5 litres of arrack. he was arrested and thereafter released on bail and thereafter the final report was also filed and while the matter was pending before the trial court, he jumped bail and was absconding and now he apprehends arrest, since a warrant is pending against him. the applicant was allegedly absconding and since the warrant is pending against him, he is not entitled to the extraordinary remedy of an anticipatory bail.3. in view of the embargo under section 41a of the abkariact and in view of the decision of the hon'ble supreme court of india in muraleedharan v. state of kerala [2001 khc 411], the applicant cannot seek anticipatory bail in an abkari case. the applicant is directed to surrender before the investigating officer and after interrogation, he shall be produced before the jurisdictional court at the earliest, where he is at liberty to apply for a regular bail which shall be preferably considered and disposed of on the very same date. with these observations, the bail application is dismissed. sd/- ashok m enon judge nr/ 28/ 01/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942 Bail Appl..No.439 OF 2021 IN CRIME NO.62/2008 OF EXCISE RANGE OFFICE , PATHANAMTHITTA, NOW PENDING AS S.C.NO.760/2012 ON THE FILES OF IIND ADDITIONAL SESSIONS COURT, PATHANAMTHITTA PETITIONER/SOLE ACCUSED: AJAYAN, AGED 60 YEARS, S/O GANGADHARAN, AJITH BHAVAN, PALLAM MURI, OMALLOOR VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT PIN-689 647 BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH SHRI.SAMEER M NAIR RESPONDENT/COMPLAINANT/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682 031 2 THE EXCISE INSPECTOR EXCISE RANGE OFFICE, PATHANAMTHITTA PIN-689 101 R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SRI.SANTHOSH PETER - SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dat ed t hist he28t h dayofJ anuary,2021 APPLI CATI ON FOR ANTI CIPATORY BAI L The applicant is an accused in Crime No.62 of 2008 of Excise Range Office, Pathanamthitta, which is pending as S.C.No.760 of 2012 on the files of IInd Additional Sessions Court, Pathanamthitta, for having allegedly committed offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act. The prosecution case, in brief, is this:

2. The allegation against him is that on 04.09.2008, he

was found to be in possession of 5 litres of arrack. He was arrested and thereafter released on bail and thereafter the final report was also filed and while the matter was pending before the trial court, he jumped bail and was absconding and now he apprehends arrest, since a warrant is pending against him. The applicant was allegedly absconding and since the warrant is pending against him, he is not entitled to the extraordinary remedy of an anticipatory bail.

3. In view of the embargo under Section 41A of the Abkari

Act and in view of the decision of the Hon'ble Supreme Court of India in Muraleedharan v. State of Kerala [2001 KHC 411], the applicant cannot seek anticipatory bail in an Abkari case. The applicant is directed to surrender before the Investigating Officer and after interrogation, he shall be produced before the jurisdictional court at the earliest, where he is at liberty to apply for a regular bail which shall be preferably considered and disposed of on the very same date. With these observations, the bail application is dismissed. Sd/- ASHOK M ENON JUDGE NR/ 28/ 01/

Same Court & Year Kerala Orders · 2021 Same Parties Ajayan vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon