Maruthi vs State Of Kerala
2023 Latest Caselaw 11424 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                 BAIL APPL. NO. 9548 OF 2023
  CRIME NO.192/2023 OF AGALI EXCISE RANGE OFFICE, PALAKKAD


PETITIONER/ACCUSED:

          MARUTHI
          AGED 62 YEARS, W/O CHINNAN,
          KALLAKKARA, KOTTATHARA, ATTAPPADI,
          PALAKKAD DISTRICT, PIN - 678581
          BY ADVS.
          P.MOHAMED SABAH
          LIBIN STANLEY
          R.GAYATHRI
          SAIPOOJA
          SADIK ISMAYIL
          ALWIN JOSEPH
          M.MAHIN HAMZA


RESPONDENTS/STATE & COMPLAINANT:


          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
    1
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031

          THE EXCISE RANGE OFFICER
    2     EXCISE RANGE OFFICE, AGALI,
          PALAKKAD DISTRICT, PIN - 678581

          BY SMT. T.V. NEEMA, SR.PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.9548 of 2023
                                :2:


                             ORDER

Dated this the 8th day of November, 2023

Apprehending arrest in Crime No.192 of 2023 of Agali

Excise Range Office, Palakkad, registered for offences under

Sections 8(1) and 8(2) of the Abkari Act, the accused has filed

this petition.

2. The prosecution allegation is that on 28.09.2023 at

about 9.25 a.m., the 2nd respondent recovered 2 litres of illicit

arrack from the petitioner's residence at Attappadi Tribal Taluk

and thereby committed the above-said offences.

3. The learned counsel appearing for the petitioner and

the learned Public Prosecutor were heard.

4. Considering the allegations against the petitioner of

having stored 2 litres of illicit arrack violating the provisions of

the Abkari Act and considering the impact of S.41A of the Act,

I am not inclined to grant anticipatory bail to the petitioner.

5. Therefore, the following directions are issued:-

In the event the petitioner surrenders before the

Investigating Officer in two weeks, he shall be interrogated

and thereafter, shall be produced before the Magistrate B.A.No.9548 of 2023

having jurisdiction on the date of surrender itself. If the

petitioner moves for bail, the court below shall, untrammelled

by any of the observations in this order, consider the bail

application on merits as expeditiously as possible. If the

petitioner does not surrender before the Investigating Officer,

as directed above, the Investigating Officer will be free to

arrest the petitioner as if no order has been passed in this

case.

The bail application is disposed of as above.

Sd/-

MOHAMMED NIAS C.P., JUDGE mtk B.A.No.9548 of 2023

APPENDIX OF BAIL APPL. 9548/2023

PETITIONER ANNEXURES

Annexure 1 TRUE COPY OF THE JUDGMENT DATED 05.07.2021 IN B.A.NO.4181/2021 PASSED BY THE HON'BLE HIGH COURT OF KERALA

Annexure 2 TRUE COPY OF THE JUDGMENT DATED 16.2.2022 IN BA.NO.7519/2021 PASSED BY THE HON'BLE HIGH COURT OF KERALA

Annexure 3 TRUE COPY OF THE ORDER DATED 12.10.2023 IN CRLMC NO.4557/20223 PASSED BY THE COURT OF SESSIONS, PALAKKAD