Akhil M vs State of Kerala

Type Court Judgment Court Kerala Decided May 29, 2020

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Citation: sooperkanoon.com/1767599
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: May 29, 2020
Case Number: Bail Appl./3107/2020

Parties & Advocates

Appellant / Petitioner

Akhil M

Respondent

State of Kerala

Excerpt

.....abkari act. the prosecution case is that the accused in this case were found to have involved in distillation of arrack. the petitioner, who is the fourth accused fled away from the scene and therefore could not be arrested. the petitioner states that he is totally innocent and that he is falsely implicated and that there is no allegation regarding his active involvement in the offence.3. heard the learned counsel for the petitioner and the learned public prosecutor.4. the specific provision under section 41a of the abkari act creates an embargo in entertaining an application for anticipatory bail for offences comingunder the act. this has been so held in the decision of the honorable supreme court of india in muraleedharan v. state of kerala [2001 khc 411]. underthe circumstances, this application for anticipatory bail cannot be entertained. more over, it is submitted by the learned public prosecutor that final report has already been filed and taken on the file of the judicial first class magistrate's court (temporary), kadakkal as cp no.34/2019.5. the petitioner is, therefore, directed to surrender before the jurisdictional magistrate withintwo weeks and apply for regular bail. the bail application so filed before the court shall be considered and preferably disposed of by themagistrate, on merits, on the very same day itself. with these observations, the bail application is dismissed. sd/- ashok menon judge jg appendix petitioner's exhibits annexure-a : a true copy of final report in crime no.1390/2017 of kadakkal police station.

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.3107 OF 2020 AGAINST THE ORDER/JUDGMENT IN CP 34/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL CRIME NO.1390/2017 OF Kadakkal Police Station , Kollam
PETITIONER/A4: AKHIL M AGED 23 YEARS S/O. MANI RAJAN, CHARUVILA PUTHEN VEEDU, CHARIPPARAMBU P O, ITTIVA VILLAGE, KOTTARAKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2 THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT, PIN- 691536. 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:
ASHOK MENON, J.
------------------------------------ BA No.3107 of 2020 ------------------------------------- Dated this the 29th day of May, 2020

O R D E R

This is a petition for anticipatory bail filed under Section 438 Cr.PC.

2. Petitioner is the fourth accused in Crime No.1390/2017 of Kadakkal Police Station for having allegedly committed offences punishable under Sections 55(g), 55(h), 8(1) and 8(2) of the Abkari Act. The prosecution case is that the accused in this case were found to have involved in distillation of arrack. The petitioner, who is the fourth accused fled away from the scene and therefore could not be arrested. The petitioner states that he is totally innocent and that he is falsely implicated and that there is no allegation regarding his active involvement in the offence.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The specific provision under Section 41A of the Abkari Act creates an embargo in entertaining an application for anticipatory bail for offences coming

under the Act.           This has been so held in the decision
of     the     Honorable         Supreme      Court      of        India    in
Muraleedharan v. State of Kerala [2001 KHC 411].                          Under

the circumstances, this application for anticipatory bail cannot be entertained. More over, it is submitted by the learned Public Prosecutor that final report has already been filed and taken on the file of the Judicial First Class Magistrate's Court (Temporary), Kadakkal as CP No.34/2019.

5. The petitioner is, therefore, directed to surrender before the jurisdictional Magistrate within

two    weeks    and      apply   for       regular   bail.         The     bail
application         so   filed     before      the    court        shall    be
considered         and     preferably         disposed        of     by    the

Magistrate, on merits, on the very same day itself. With these observations, the Bail Application is dismissed. Sd/- ASHOK MENON JUDGE jg APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A : A TRUE COPY OF FINAL REPORT IN CRIME NO.1390/2017 OF KADAKKAL POLICE STATION.

Same Court & Year Kerala · 2020 Same Parties Akhil M vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon