Hariprasad vs State Of Kerala

K.Haripal, J

This is an application filed under Section 438 of the Cr.P.C seeking anticipatory bail. The petitioner is the sole accused in Crime No. 113 of 2021 of

Kumbla Excise Range Office in Kasaragod district. The crime was registered alleging offence punishable under Sections 58 and 67 B of the Abkari

Act, after seizing 21.42 litres of Indian made foreign liquor and 9 litres of Rum, both intended for sale in the State of Karnataka while the petitioner

was found transporting in autorikshaw bearing Registration No. KL 14 N 7631. On seeing the excise party, the petitioner ran away from the place

after abandoning the autorikshaw and the contraband. Now the petitioner has moved this court apprehending arrest.

I heard learned counsel on both sides.

The learned counsel for the petitioner submits that he has no criminal antecedents to his credit. The learned Public Prosecutor submits that the

items along with the vehicle have already been seized under mahazar and that the petitioner has no criminal antecedents. The offence under Sections

58 and 67 B of the Abkari Act does not prescribe any statutory minimum substantive sentence, so that the embargo under Section 41A of the Abkari

Act does not work against the petitioner.

In the circumstances, 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 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 the evidence and shall not involve in any crime during the period on bail.

Bail Application is allowed as above.