Kerala High Court
Rajesh vs State Of Kerala on 11 September, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 11TH DAY OF SEPTEMBER 2020 / 20TH BHADRA, 1942
Bail Appl..No.4273 OF 2020
CRIME NO.39/2020 OF Mavelikkara Excise Range Office , Alappuzha
PETITIONER:
RAJESH
AGED 40 YEARS
S/O.RAJAN, NIVANINAL THEKKETHIL,
RAJESH BHAVANAM, ARUNOOTTIMANGALAM,
THAZHAKKARA VILLAGE, MAVELIKARA,
ALAPPUZHA DISTRICT.
690102
BY ADVS.
SMT.JISHA P.C.
SRI.B.RENJITHKUMAR
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
682031
BY ADV.
C N PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 4273 of 2020
-2-
ASHOK MENON, J.
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B.A.No. 4273 of 2020
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Dated this the 11th day of September, 2020
ORDER
APPLICATION FOR ANTICIPATORY BAIL FILED UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE The applicant is the sole accused in Crime No.39/2020 of Mavelikkara Excise Range Office, Alappuzha, for having allegedly committed offences punishable under Sections 8(1) & (2) of the Kerala Abkari Act.
2. The prosecution case, in brief, is that while the applicant was coming along the road with a plastic bottle in his hand, he was noticed by the Excise Officials coming in a vehicle. On seeing them, he abandoned the bottle and fled away. He could not therefore be apprehended. The bottle contained 1 litre of illicit arrack, and the crime was registered. The applicant apprehends arrest and has, therefore, approached this Court for anticipatory bail. B.A.No. 4273 of 2020 -3-
3. Heard the learned counsel for the applicant and also the learned Public Prosecutor.
4. In view of the embargo under Section 41A of the Abkari Act, the applicant's prayer for anticipatory bail cannot be entertained. The applicant says that, he is innocent and that he has been falsely implicated. He also relies on the mahazar to indicate that there is no possibility of his being convicted in the case. Hence he seeks anticipatory bail.
5. The applicant is directed to surrender before the Investigating Officer within two weeks. In the event of his arrest, he shall be produced before the jurisdictional Court, where he is at liberty to apply for a regular bail which shall be considered and disposed of preferably on the very same day.
The Bail Application is disposed of as above.
Sd/-
ASHOK MENON JUDGE VPK