Abikrishna T.U vs State Of Kerala
2021 Latest Caselaw 19414 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                       BAIL APPL. NO. 5886 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CRMC 925/2021 OF SESSIONS COURT,
                                   THRISSUR
PETITIONERS/ACCUSED:

    1       ABIKRISHNA T.U.
            AGED 20 YEARS
            S/O.UNNIKRISHNAN, THOTTAPPILLY HOUSE,
            KALLETUMKARA VILLAGE, MUKUNDAPURAM TALUK,
            P.O.KALLETUMKARA, THRISSUR DISTRICT, PIN - 680 683.

    2       VINAY T.V.
            S/O.THECHAN VENUGOPAL, AGED 20 YEARS,
            THATTAYATH HOUSE, MURIYAD VILLAGE,
            MUKUNDAPURAM TALUK, P.O.MURIYAD,
            THRISSUR DISTRICT, PIN - 680 683.

    3       AKSHAY T.K.
            S/O.KRISHNANKUTTY, AGED 23 YEARS,
            THOTTAPPILLY HOUSE, KALLETUMKARA VILLAGE,
            MUKUNDAPURAM TALUK, P.O.KALLETUMKARA,
            THRISSUR DISTRICT, PIN - 680 683.

            BY ADVS.
            ABRAHAM MATHAN
            C.B.JITHIN



RESPONDENT:

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

            SREEJA.V- SR.P.P


     THIS     BAIL   APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 5886 OF 2021

                                 2

                                ORDER

Application for pre-arrest bail.

Petitioners are accused in Crime No.299/2021 of Aloor Police

Station, Thrissur District registered for the offences punishable

under Sections 8(1), 8(2) and 55(g) of the Kerala Abkari Act.

2. The prosecution allegation is that on 22.06.2021 at

about 10.25 p.m., the police officials on getting reliable information

that certain persons are engaged with distillation of illicit arrack at a

place near Kuttippadam Parambu in contravention of the provisions

of the Abkari Act, they proceeded to the place of occurrence. But,

the three persons found at the place of occurrence fled away after

abandoning the utensils used for distillation. As they were found

engaged with distillation of illicit arrack, they have been booked for

the said offences.

3. According to the learned counsel for the petitioners, they

are totally innocent of the allegations levelled against them. But

they apprehend arrest and hence this application.

4. The learned Public Prosecutor has submitted that the BAIL APPL. NO. 5886 OF 2021

police team had conducted search of the place of occurrence on

getting reliable information and when they reached there, they

could find illicit liquor, Wash and utensils used for distillation of illicit

arrack. But it is revealed from the records that, as the petitioners

fled away from the spot, the police team could not apprehended

them.

No doubt, the gravity of the offences alleged against these

petitioners are grave and serious in nature. As the offences alleged

against these petitioners are grave and serious, I do not think that

they are entitled to get pre-arrest bail as sought for by the learned

counsel for the petitioners. Therefore, this application is only to be

dismissed and I do so. The petitioners shall surrender before the

jurisdictional court and seek regular bail.

Sd/-

SHIRCY V.

JUDGE mpm