Padmanabhan vs State Of Kerala
2021 Latest Caselaw 13038 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
       FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
                       BAIL APPL. NO. 4909 OF 2021
       CRIME NO.55/2021 OF EXCISE RANGE OFFICE, IRITTY, KANNUR
   AGAINST THE ORDER/JUDGMENT IN CRMC 716/2021 OF DISTRICT COURT &
                    SESSIONS COURT,THALASSERY, KANNUR
PETITIONER/S:

           PADMANABHAN
           AGED 50 YEARS, S/O AYYAPPAN, VAKKOTTUMEL, VATTIYANTHODU,
           VAYATHUR, KANNUR DISTRICT.


           BY ADVS.
           V.JOHN SEBASTIAN RALPH
           VISHNU CHANDRAN
           RALPH RETI JOHN
           APPU BABU
           SHIFNA MUHAMMED SHUKKUR



RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM.


OTHER PRESENT:

           SR.PP.SRI.SANTHOSH PETER



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4909 OF 2021
                                       2




                               O R D E R

Dated this the 18th day of June, 2021

This is an application for anticipatory bail under

Section 438 of the Cr.P.C.

2. The applicant is the sole accused in Crime

No.55/2021 of Iritty Excise Range for having allegedly

committed the offences punishable under Section 58 of the

Abkari Act.

3. The prosecution case, in brief, is that on

27.05.2021 at about 3.30 PM, while the Excise party were on

patrol duty near Cheerankery bus waiting for shelter, on

seeing the Excise party, the applicant fled away from there

leaving his motorbike. On inspection, 2.160 litres of

Indian made foreign liquor, permitted to be sold in

Karnataka, was seized from the bike. BAIL APPL. NO. 4909 OF 2021

4. The applicant states that he is innocent and the

allegations are not true. The bail application filed

before the Sessions Court was rejected, and hence, he seeks

indulgence of this Court for granting anticipatory bail.

5. Heard the learned Counsel for the applicant and the

learned Public Prosecutor.

6. In view of the embargo under Section 41A of the

Abkari Act, and the decision of the Apex Court in

Muraleedharan v. State of Kerala, 2001 KHC 411, I find that

the application for pre-arrest bail cannot be entertained

by this Court. Under the circumstances, the application is

only to be dismissed.

7. The applicant is therefore directed to surrender

before the investigating officer within three weeks and the

investigating officer shall, after interrogation, produce

him before the jurisdictional Magistrate, where he shall be

at liberty to apply for regular bail, which shall be BAIL APPL. NO. 4909 OF 2021

considered and disposed of preferably on the very same

date, keeping in view the dictum of this Court in Sukumari

v. State of Kerala, 2001 (1) KLT 22.

Sd/-

ASHOK MENON JUDGE dkr