Lalitha vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 19, 2021

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Citation: sooperkanoon.com/1601792
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Feb 19, 2021
Case Number: Bail Appl./1432/2021

Parties & Advocates

Appellant / Petitioner

Lalitha

Respondent

State of Kerala

Excerpt

.....of thiruvanathapuram excise range,for having allegedly committed offence punishable under section 55 (i) of the kerala abkari act.3. the prosecution case, in brief, is that on01.12.2020 at about 6.30 a.m., the applicant was found in possession of 1.650 liters of indian made foreign liquor, at pattoor in vanchiyoor village and the above crime was registered.4. the applicant states that she is innocent andthe allegations are not true. she is 65 years old without any criminal antecedents and the allegation is that, she involved in the sale of liquor is not true and therefore, she seeks pre-arrest bail.5. heard the learned counsel appearing for the applicant and the learned public prosecutor.6. in view of the embargo under section 41a of thekerala abkari act and the decision of the hon’ble supreme court in raveendran v. state of kerala [2001(3) khc 411], anticipatory bail cannot be granted to the applicant. the application is therefore disposed of with the direction to the applicant to surrender before the investigating officer within two weeks. in the event of her arrest, she shall be produced before the jurisdictional court, where she is at liberty to apply for a regular bail which shall be considered and preferably disposed of on the same date, keeping in view the dictum of this court in sukumari v. state of kerala (2001 (1) klt 22) and also taking note of the account whether the applicant is entitled to the benefit of the first proviso under section 437 of cr.p.c.(sd/-) ashok menon judge lu

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942 CRIME NO.75/2020 OF TRIVANDRUM EXCISE RANGE OFFICE, THIRUVANANTHAPURAM PETITIONER: LALITHA AGED 65 YEARS D/O. CHELLAMMA, T.C.27/1173, THOTTUVARAMBU HOUSE, PATTOOR, VANCHIYOOR P.O PIN : 695035 BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SMT.V.SREEJA -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 19th day of February 2021 This Bail Application filed under Section 438 of the Criminal Procedure Code was heard through Video Conference.

2. The applicant is the sole accused in Crime No. 75 of 2020 of Thiruvanathapuram Excise Range,for having allegedly committed offence punishable under Section 55 (i) of the Kerala Abkari Act.

3. The prosecution case, in brief, is that on

01.12.2020 at about 6.30 a.m., the applicant was found in possession of 1.650 liters of Indian Made Foreign Liquor, at Pattoor in Vanchiyoor Village and the above crime was registered.

4. The applicant states that she is innocent and

the allegations are not true. She is 65 years old without any criminal antecedents and the allegation is that, she involved in the sale of liquor is not true and therefore, she seeks pre-arrest bail.

5. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

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

Kerala Abkari Act and the decision of the Hon’ble Supreme Court in Raveendran v. State of Kerala [2001(3) KHC 411], anticipatory bail cannot be granted to the applicant. The application is therefore disposed of with the direction to the applicant to surrender before the Investigating Officer within two weeks. In the event of her arrest, she shall be produced before the jurisdictional court, where she is at liberty to apply for a regular bail which shall be considered and preferably disposed of on the same date, keeping in view the dictum of this Court in Sukumari V. State of Kerala (2001 (1) KLT 22) and also taking note of the account whether the applicant is entitled to the benefit of the first proviso under Section 437 of Cr.P.C.

(Sd/-) ASHOK MENON JUDGE LU

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

criminal procedure Public prosecutor Foreign liquor supreme court high court in posse