Vineesh a vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 26, 2021

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Citation: sooperkanoon.com/1605105
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Feb 26, 2021
Case Number: Bail Appl./1702/2021

Parties & Advocates

Appellant / Petitioner

Vineesh a

Respondent

State of Kerala

Excerpt

.....range, kannur district for having allegedly committed offence punishable under section 55 (g) of the kerala abkari act.3. the prosecution case, in brief, is that on24.04.2020 at about 12.50 p.m., the 4 persons were handling 150 litres of wash with intent to distill illicit arrack. on seeing the excise inspector and his party, persons engaged in distilling the arrack fled away and they could not be apprehended. the applicant anticipates arrest and has therefore, approached this court for anticipatory bail.4. the applicant states that he is innocent and the allegations are not true. he has no criminal antecedents and therefore, 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 honorable supreme court in muraleedharan v. state of kerala [2001 khc 411], and the anticipatory bail cannot be granted to the applicant. considering the gravity of theoffence and therefore, the applicant is directed to surrender before the investigating officer within two weeks. in the event of his arrest, he shall be interrogated and after recovery, if any, he shall be produced before the jurisdictional court, where he is at liberty to apply for a regular bail which shall be considered and preferably disposed of on the same day.with these observations, the bail application is disposed of. (sd/-) ashok menon judge lu

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942 CRIME NO.62/2020 OF KUTHUPARAMBA EXCISE RANGE OFFICE, KANNUR PETITIONER: VINEESH A AGED 40 YEARS ANIYERINTAVIDA HOUSE, PUTHOOR AMSOM, CHENDAYAD DESOM, CHENDAYAD P.O., KANNUR-670692 BY ADVS. SRI.SHANAVAS NALAKATH RANDUPURAYIL SRI.T.SUNIL KUMAR 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 26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 26th 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 1st accused in Crime No. 62 of 2020 of Kuthuparamba Excise Range, Kannur District for having allegedly committed offence punishable under Section 55 (g) of the Kerala Abkari Act.

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

24.04.2020 at about 12.50 p.m., the 4 persons were handling 150 litres of wash with intent to distill illicit arrack. On seeing the Excise Inspector and his party, persons engaged in distilling the arrack fled away and they could not be apprehended. The applicant anticipates arrest and has therefore, approached this Court for anticipatory bail.

4. The applicant states that he is innocent and the allegations are not true. He has no criminal antecedents and therefore, 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 Honorable Supreme Court in Muraleedharan v. State of Kerala [2001 KHC 411], and the anticipatory bail cannot be granted to the applicant. Considering the gravity of the

offence and therefore, the applicant is directed to surrender before the Investigating Officer within two weeks. In the event of his arrest, he shall be interrogated and after recovery, if any, he shall be produced before the jurisdictional court, where he is at liberty to apply for a regular bail which shall be considered and preferably disposed of on the same day.

With these observations, the Bail Application is disposed of. (Sd/-) ASHOK MENON JUDGE LU

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