CourtKutchehry.com
High CourtsSingle Bench

Akhilesh vs State Of Kerala And Ors

High Court Of Kerala · Decided on 25 February 2021 · Citation: (2021) 02 KL CK 0095

HON’BLE JUDGES
P.V. Kunhikrishnan, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Kerala Abkari Act, 1967 — Section 8(1), 8(2), 55(g)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2034 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

18 paragraphs · 328 words
1.

This Bail Application is filed under Section 438 of Criminal Procedure Code.

2.

Petitioner is the accused in Crime No.371 of 2020 of Vadakara Police Station, Kozhikode. The above case is registered against the petitioner

alleging offences punishable under Section 55(g), 8 (1) and (2) of the Kerala Abkari Act.

3.

The prosecution case is that the petitioner was found in possession of 3 litres of arrack and wash.

4.

Heard the counsel for the petitioner and the Public Prosecutor.

5.

The counsel for the petitioner submitted that the allegation against the petitioner is not correct and the petitioner has not committed any offence.

The counsel submitted that even if the entire allegations are accepted, the offence under Section 55 (g) and Section 8 (1) and (2) of the Abkari Act is

not attracted. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grant him bail.

6.The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner committed a serious offence and

orders under Section 438 Cr.P.C may not be issued in this case.

7.

After hearing both sides, I think this is not a fit case, in which orders u/s.438 Cr.P.C can be passed. At this stage the counsel for the petitioner

submitted that the petitioner will surrender before the Investigating Officer and will co-operate with the investigation. Therefore, this bail application is

disposed of with the following directions.

1.

The petitioner will surrender before the Investigating Officer within ten days from today.

2.

If the petitioner surrender before the Investigating Officer, the Investigating Officer can interrogate him. After interrogation if the petitioner is

arrested, he will be produced before the jurisdictional court on the same day.

3.

At that stage, if any bail application is filed by the petitioner after giving prior notice to the Prosecutor concerned, the learned Magistrate will

consider the bail application preferably on the date of filing of the same itself.