Mukundan vs State Of Kerala And Ors

This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

The applicant is the sole accused in Crime No.283/2020 of Adoor Excise Range, Pathanamthitta, for having allegedly committed offences punishable

under Sections 55(i) and 67B of the Kerala Abkari Act.

The prosecution case, in brief, is that on 01.12.2020 at about 12.30 p.m, the applicant was found selling IMFL at Cherukunnam Junction in a Bajaj

Pulsar Motorbike bearing Reg. No.KL-26-E-7702. On seeing the police officers the applicant fled away from there and could not be arrested. The

Excise officials allegedly seized 5.700 litres of IMFL from the scene of occurrence.

The applicant apprehends arrest and has approached this Court for anticipatory bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

Considering the embargo under Section 41A of the Abkari Act, and also the presumption under Section 64 of the Abkari Act, and the decision of

the Apex Court in Muraleedharan v. State of Kerala (SC) [2001 KHC 411] the pre-arrest bail cannot be entertained at this stage.

The applicant is therefore directed to surrender before the investigating officer within two weeks, and after interrogation, in the event of his arrest, he

shall be produced before the jurisdictional Court at the earliest, and he shall be at liberty to apply for a regular bail before the said court which shall be

considered on its merits and disposed of preferably on the same day.

The petition is disposed of as above.