Mohanan vs State of Kerala

Type Court Judgment Court Kerala Decided May 29, 2020

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Citation: sooperkanoon.com/1767603
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: May 29, 2020
Case Number: Bail Appl./3110/2020

Parties & Advocates

Appellant / Petitioner

Mohanan

Respondent

State of Kerala

Excerpt

.....following:ashok menon, j.------------------------------------ ba no.3110 of 2020 ------------------------------------- dated this the 29th day of may, 2020o r d e rthis is a petition for anticipatory bail filed under section 438 cr.pc.2. petitioner is the sole accused in crime no.42/2020 of alathur excise range, palakkad for having allegedly committed offence punishable under section 55(g) of the abkari act. the allegation is that he was found to be in possession of 180 litres of wash.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.5. the petitioner is, therefore, directed to surrender before the investigating officer within two weeks and soon after interrogation, he shall be produced before the jurisdictional magistrate, beforewhom he is at liberty to apply for regular bail. the application for regular bail 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 : true copy of order in crl.mc no.47/2020 of the court of session, palakkad division dated 6.5.2020

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.3110 OF 2020 AGAINST THE ORDER/JUDGMENT IN CRMC 47/2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD CRIME NO.42/2020 OF Alathur Excise Range Office , Palakkad
PETITIONER/ACCUSED: MOHANAN AGED 42 YEARS S/O. VELAPPAN, ANGOOD HOUSE, VELLAMPUZHA, ELAVAMPADAM POST, ALATHUR, PALAKKAD. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS/COMPLAINANT AND STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 THE EXCISE INSPECTOR ALATHUR EXCISE RANGE, ALATHUR, PALAKKAD-678541. OTHER PRESENT: SRI. T.R.RENJITH 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.3110 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 sole accused in Crime No.42/2020 of Alathur Excise Range, Palakkad for having allegedly committed offence punishable under Section 55(g) of the Abkari Act. The allegation is that he was found to be in possession of 180 litres of wash.

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.

5. The petitioner is, therefore, directed to surrender before the investigating officer within two weeks and soon after interrogation, he shall be produced before the jurisdictional Magistrate, before

whom he is at liberty to apply for regular bail. The application for regular bail 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 : TRUE COPY OF ORDER IN CRL.MC NO.47/2020 OF THE COURT OF SESSION, PALAKKAD DIVISION DATED 6.5.2020

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