Babu vs Excise Inspector

BABU vs Excise Inspector

Type Court Judgment Court Kerala Decided Apr 09, 2021

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https://sooperkanoon.com/case/1629777

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Citation: sooperkanoon.com/1629777
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Apr 09, 2021
Case Number: Crl.MC/2119/2021

Parties & Advocates

Appellant / Petitioner

BABU

Respondent

Excise Inspector

Excerpt

.....crl.mc.2119/21 2v.g.arun, j.crl.m.c.no.2119 of 2021 dated this the 9th day of april, 2021orderpetitioner is the accused in c.p.no.1 of 2021 on the files of thejudicial first class magistrate court-i, mavelikkara. the case originated from crime no.49 of 2020 of mavelikara excise range, registered for the offences punishable under sections 8(1), 8(2) and 67b of the abkari act. the petitioner was not arrested during the crime stage and an absconding charge was filed. presently, non-bailable warrant is pending against the petitioner and he is apprehensive that he may not be granted bail, even if he surrenders before the committal court. hence, the petitioner seeks a direction to consider his bail application on the date of surrender itself, in accordance with the dictum laid down by this court in sreekumar v. state of kerala [2008 (3) klt 748].considering the limited relief sought, i am inclined to dispose the crl.m.c as follows; the petitioner is permitted to surrender before the judicial first class magistrate court-i, mavelikkara in c.p.no.1 of 2021 and to move an application for bail with notice to the public prosecutor. in such event, the learned magistrate shall consider the bail application on thecrl.mc.2119/21 3 date of surrender and pass orders thereon on the same day. while considering the bail appreciation, the learned magistrate shall take into account the decision in sreekumar's case (supra). in order to provide an opportunity for the petitioner to surrender and seek bail, the non- bailable warrant pending against him shall be kept in abeyance for three weeks.sd/- v.g.arun, judge vgs crl.mc.2119/21 4 appendix petitioner's/s exhibits: annexure a1 a true copy of the final report filed before the judicial first class magistrate court-i, mavelikkara. annexure a2 a true copy of the summons issued by the judicial first class magistrate court-i, mavelikkara.

Full Judgment

CRL.MC.2119/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943 Crl.MC.No.2119 OF 2021(D) AGAINST THE ORDER/JUDGMENT IN CP 1/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA CRIME NO.49/2020 OF Alappuzha Excise Range Office , Alappuzha
PETITIONER/S: BABU AGED 44 YEARS S/O.ELSI.K, ANOOP BHAVANAM, VETTIYAR MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK, PIN-690558. BY ADV. SRI.R.PADMAKUMAR RESPONDENT/S: 1 EXCISE INSPECTOR MAVELIKKARA EXCISE RANGE, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN-690101. 2 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. OTHER PRESENT: SR.PP.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC.2119/21 2
V.G.ARUN, J.
Crl.M.C.No.2119 of 2021 Dated this the 9th day of April, 2021

ORDER

Petitioner is the accused in C.P.No.1 of 2021 on the files of the

Judicial First Class Magistrate Court-I, Mavelikkara. The case originated from Crime No.49 of 2020 of Mavelikara Excise Range, registered for the offences punishable under Sections 8(1), 8(2) and 67B of the Abkari Act. The petitioner was not arrested during the crime stage and an absconding charge was filed. Presently, non-bailable warrant is pending against the petitioner and he is apprehensive that he may not be granted bail, even if he surrenders before the committal court. Hence, the petitioner seeks a direction to consider his bail application on the date of surrender itself, in accordance with the dictum laid down by this Court in Sreekumar v. State of Kerala [2008 (3) KLT 748].

Considering the limited relief sought, I am inclined to dispose the Crl.M.C as follows; The petitioner is permitted to surrender before the Judicial First Class Magistrate Court-I, Mavelikkara in C.P.No.1 of 2021 and to move an application for bail with notice to the Public Prosecutor. In such event, the learned Magistrate shall consider the bail application on the

CRL.MC.2119/21 3 date of surrender and pass orders thereon on the same day. While considering the bail appreciation, the learned Magistrate shall take into account the decision in Sreekumar's case (supra). In order to provide an opportunity for the petitioner to surrender and seek bail, the non- bailable warrant pending against him shall be kept in abeyance for three weeks.

Sd/- V.G.ARUN, JUDGE vgs CRL.MC.2119/21 4 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MAVELIKKARA. ANNEXURE A2 A TRUE COPY OF THE SUMMONS ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MAVELIKKARA.

Same Court & Year Kerala · 2021 Same Parties BABU vs Excise Inspector Same Judge Honourable Mr.Justice V.G.Arun