Krishnan K. vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 29, 2020

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Citation: sooperkanoon.com/1767579
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: May 29, 2020
Case Number: Bail Appl./3097/2020

Parties & Advocates

Appellant / Petitioner

Krishnan K.

Respondent

State of Kerala

Excerpt

.....range),kasaragod district-671531 email id erohsd.exc@ kerala.gov.in 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: bail appl..no.3097 of 2020 2o r d e rdated this the 29th day of may 2020 the petitioner is the accused in crime no.92/2020 of hosdurg excise range, kasaragod for having allegedly committed offence punishable under section 55(g) of the abkari act. the prosecution case is that the petitioner was in possession of 300 liters of wash for the purpose of distilling of illicit arrack. the petitioner seeks anticipatory bail stating that he is totally innocent and a false case has been foisted against him.5. in view of the specific embargo under section 41aof 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 petitioner is directed to surrender before the investigating officer within two weeks and after his interrogation in case he is arrested, he shall be bail appl..no.3097 of 2020 3 produced before the jurisdictional court. he is 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

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.3097 OF 2020 CRIME NO.92/2020 OF Hosdurg Excise Range Office , Kasargod PETITIONER/S: KRISHNAN K. AGED 39 YEARS S/O.PARADESI (LATE), KOLATHINKAL HOUSE, KOLATHINKAL DESOM,BELUR VILLAGE, VELLARIKKUND TALUK,KASARAGOD DISTRICT. BY ADV. SRI.MUHAMMED YASIL RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682031. E MAIL ID AGO KERALA.BAIL [email protected] 2 THE STATION HOUSE OFFICER, (CRIME NO.92/2020 OF HOSDURG EXCISE RANGE),KASARAGOD DISTRICT-671531 EMAIL ID EROHSD.EXC@ KERALA.GOV.IN 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: Bail Appl..No.3097 OF 2020 2

O R D E R

Dated this the 29th day of May 2020 The petitioner is the accused in Crime No.92/2020 of Hosdurg Excise Range, Kasaragod for having allegedly committed offence punishable under Section 55(g) of the Abkari Act. The prosecution case is that the petitioner was in possession of 300 liters of wash for the purpose of distilling of illicit arrack. The petitioner seeks anticipatory bail stating that he is totally innocent and a false case has been foisted against him.

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 petitioner is directed to surrender before the investigating officer within two weeks and after his interrogation in case he is arrested, he shall be Bail Appl..No.3097 OF 2020 3 produced before the jurisdictional court. He is 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

Same Court & Year Kerala Orders · 2020 Same Parties Krishnan K. vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon