Mini vs State of Kerala

MINI vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 16, 2021

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https://sooperkanoon.com/case/1599289

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Citation: sooperkanoon.com/1599289
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Feb 16, 2021
Case Number: Bail Appl./1127/2021

Parties & Advocates

Appellant / Petitioner

MINI

Respondent

State of Kerala

Excerpt

.....materials and six gas cylinders for the purpose of distillation from the premises of the applicant and her husband.3. the applicant states that she is innocent and theallegations are not true and that her husband had approached this court for anticipatory bail and the same was disposed of directing him to surrender before the investigating officer, and accordingly, he surrendered and thereafter he was produced before the jurisdictional court and remanded to judicial custody. the applicant states that apart from being the wife of the first accused, she has absolutely nothing to do with the alleged act of distillation ofillicit arrack. hence, she seeks anticipatory bail.4. heard the learned counsel for the applicant and the learned public prosecutor.5. in view of the embargo under section 41a of theabkari act, and the decision of the apex court in muraleedharan v. state of kerala [2001 khc 411], the applicant is not entitled to a pre-arrest bail. the application is only to be dismissed.6. the applicant is therefore directed to surrenderbefore the investigating officer within two weeks. in the event of her being arrested, after interrogation, she shall be produced before the jurisdictional court, where she is at liberty to apply for regular bail, which shall be considered and preferably disposed of by the jurisdictional court on the very same day. with these observations, the bail application is disposed of.sd/- ashok menon judge jg

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942 Bail Appl..No.1127 OF 2021 CRIME NO.153/2020 OF Kayamkulam Excise Range Office, Alappuzha PETITIONER/S: MINI AGED 26 YEARS C.O ANANTHAKUMAR A, KAVIL, CHINGOLI P.O, ALAPPUZHA DISTRICT BY ADV. SRI.P.T.SHEEJISH RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR SRI.SANTHOSH PETER SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 16th day of February 2021 APPLICATION FOR ANTICIPATORY BAIL The applicant is the second accused in Crime No. allegedly committed offences punishable under Sections 8, 12 and 55(g) of the Kerala Abkari Act.

2. The prosecution case, in brief, is that on 23.12.2020,

the Excise Inspector and his party conducted a search and recovered 650 liters of wash and 400 ml of arrack along with materials and six gas cylinders for the purpose of distillation from the premises of the applicant and her husband.

3. The applicant states that she is innocent and the

allegations are not true and that her husband had approached this Court for anticipatory bail and the same was disposed of directing him to surrender before the investigating officer, and accordingly, he surrendered and thereafter he was produced before the jurisdictional court and remanded to judicial custody. The applicant states that apart from being the wife of the first accused, she has absolutely nothing to do with the alleged act of distillation of

illicit arrack. Hence, she seeks anticipatory bail.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. In view of the embargo under Section 41A of the

Abkari Act, and the decision of the Apex Court in Muraleedharan v. State of Kerala [2001 KHC 411], the applicant is not entitled to a pre-arrest bail. The application is only to be dismissed.

6. The applicant is therefore directed to surrender

before the Investigating Officer within two weeks. In the event of her being arrested, after interrogation, she shall be produced before the jurisdictional court, where she is at liberty to apply for regular bail, which shall be considered and preferably disposed of by the jurisdictional court on the very same day. With these observations, the Bail Application is disposed of.

Sd/- ASHOK MENON JUDGE jg

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