Eldose Thankachan vs State Of Kerala

K. Haripal, J

The sole accused in Crime No.23 of 2021 of Kuttampuzha Excise Range Office has moved this Court under Section 438 of the Cr.P.C. He faces

allegations under Sections 8(1) and (2) of the Abkari Act. It is alleged that, on 04.06.2021 he was found carrying 300 millilitres of arrack in his

possession. He could not be arrested since he took to his heels after throwing away the contraband. Now he seeks his anticipatory bail.

I heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submits with the aid of Annexure-1 and 2 documents that the independent witnesses who had allegedly

attested the seizure mahazar have sworn affidavits before Notary Public that they have not signed any such document before the Excise officials.

Whatever it may be, the petitioner does not have any criminal antecedents to his credit. The offence alleged is under Section 8(1) and (2) of the

Ablkari Act, which does not prescribe any statuary minimum substantive sentence. In order to attract the embargo under Section 41A of the Abkari

Act. The offence should be one exceeding three years sentence. Moreover, he has no criminal antecedents.

Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for

interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand rupees only) with two

solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact

or influence the witnesses or tamper with evidence and shall not involve in any crime during the period on bail.

Bail Application is allowed as above.