Kerala High Court
Vinod M.K Aged 40Years vs State Of Kerala on 19 January, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
Bail Appl..No.9133 OF 2020
CRIME NO.120/2020 OF Pathanamthitta Excise Range Office ,
Pathanamthitta
PETITIONER/S:
VINOD M.K AGED 40YEARS,
SON OF KUNJURAMAN,
MUDAKKENIKKAL HOUSE,
CHENNERRKKARA MURI,
CHENEERKKARA VILLEGE,
KOZHENCHERRY TALUK
689641
BY ADVS.
SRI.AJEESH K.SASI
SMT.SREELAKSHMI SABU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA 682031
2 THE EXCISE INSPECTOR
EXCISE OFFICE RANGE PATHANAMTHITTA
689645
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9133 OF 2020 2
O R D E R
Dated this the 19th day of January 2021 Application for anticipatory bail under Section 438 of Cr.P.C The applicant is the sole accused in Crime No.120/2020 of Pathanamthitta Excise Range Office, for having allegedly committed offences punishable under Section 55(i) of the Kerala Abkari Act.
2. The prosecution case, in brief, is that on 01.11.2020 at about 11 a.m. the excise party while on patrol duty, got reliable information that the applicant was conducting sale of liquor in the colony road near his residence and when they reached there, the applicant allegedly poured the brown liquid to a glass from a bottle which was handing over to another person and receiving money from him. On seeing the police party, he fled away from there abandoning the bottle and the glass. 900 ml IMFL was seized from the bottle which was allegedly abandoned by the applicant. Thus the crime was registered.
3. The applicant states that he is innocent and the Bail Appl..No.9133 OF 2020 3 allegations are not true and therefore seeks anticipatory bail.
4. Heard the learned counsel for the applicant and the learned Public Prosecutor.
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] an application for anticipatory bail under the Abkari Act cannot be entertained. Hence, applicant is directed to surrender before the investigating officer within two weeks and after interrogation in case he is arrested, he shall be produced before the jurisdictional court. He will be at liberty to apply for a regular bail before the jurisdictional court, which shall be considered and preferably disposed of on the very same day.
SD/-
ASHOK MENON JUDGE rmm