Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942 Bail Appl..No.3091 OF 2020 CRIME NO.38/2020 OF Kayamkulam Excise Range Office , Alappuzha PETITIONERS/ACCUSED 1 & 2:
1 SASIKUMAR AGED 53 YEARS S/O.BHASKARAN, SRI SABARI HOUSE, PULLIKANAKKU MURI, KAYAMKULAM VILLAGE, KARTHIKAPALLY TALUK, KAYAMKULAM, ALAPPUZHA-690 537. 2 ULLAS.P.V., AGED 41 YEARS S/O.VIDYADHARAN, ULLAS HOUSE, GOVINDHAMUTTAM MURI, PUTHUPALLY VILLAGE, KARTHIKAPALLY TALUK, KAYAMKULAM, ALAPPUZHA-690 527. BY ADV. SRI.GOKUL D SUDHAKARAN
RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. 2 THE EXCISE INSPECTOR, KAYAMKULAM EXCISE RANGE, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-690 502. OTHER PRESENT: SRI. AMJAD ALI PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-
ASHOK MENON, J.
------------------------------------ B.A. No. 3091 of 2020 ------------------------------------- Dated this the 29th day of May, 2020
ORDER
Petitioners are accused 1 and 2 in Crime No.38/2020 of Kayamkulam Excise Range, Alappuzha for having allegedly committed offence punishable under Section 57(a) of the Abkari Act. The prosecution case is that while the excise party were on patrol duty on 27.12.2019 they collected toddy samples from the toddy shop allegedly belonging to the petitioners as the Manager and the licensee. It was found that it is adulterated. Hence, a report was filed implicating them as accused.
2. The petitioners would contend that they are innocent and that they cannot be held responsible for what has happened and therefore they are entitled to anticipatory bail.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor
4. The learned counsel appearing for the petitioner strenuously submits that the petitioners had taken steps to send -3-
the second sample for chemical analysis and it may be possible that it would not be found adulterated. It is also submitted that they have been falsely implicated and therefore they are entitled to an anticipatory bail.
5. In view of the specific embargo under Section 41A of
the Abkari Act and in view of the decision of the Supreme Court in Muraleedharan v. State of Kerala [2001 KHC 411], application for anticipatory bail under the Abkari Act cannot be entertained and therefore the application is only to be dismissed. However, the petitioners are directed to surrender before the investigating officer within two weeks and after their interrogation in case they are arrested, they shall be produced before the jurisdictional court. They are at liberty to apply for a regular bail before the jurisdictional court, which shall be considered and preferably disposed of on the very same date. With these observations, the B.A is disposed of. Sd/- ASHOK MENON JUDGE rmm -4-
APPENDIX PETITIONER'S EXHIBITS ANNEXURE-I : TRUE COPY OF THE CRIME AND OCCURRENCE REPORT SUBMITTED BY THE 2ND RESPONDENT AS CRIME NO.38/2020 DATED 17.3.2020. ANNEXURE-II : TRUE COPY OF CHEMICAL EXAMINATION REPORT NUMBERED AS 118/ED/2020 ISSUED BY THE CHEMICAL EXAMINERS LABORATORY, THIRUVANANTHAPURAM DATED 1.2.2020. ANNEXURE-III : TRUE COPY OF THE APPLICATION FILED BEFORE THE HONOURABLE FIRST CLASS JUDICIAL MAGISTRATE, KAYAMKULAM DATED 22.4.2020.