Mukundan.P.P vs State Of Kerala

C.S.Sudha, J

This is an application under Section 438 Cr.P.C. for pre-arrest bail filed by the petitioner/accused in Crime No.32/2021 of Taliparamba Excise Range Office, Kannur District alleging the commission of the offences punishable under Sections 8(2) and 55(g) of the Abkari Act, 1077 (the Act).

The prosecution case is that on 06.06.202, the Excise Inspector and team got reliable information that wash for making illicit liquor has been stored in the rubber plantation near the house of the accused. When the excise party reached the scene of occurrence, they saw a man standing there. On seeing the excise party, he ran away. On inspection, the excise team found three litres of arrack and 45 litres of wash and accordingly, the same was seized. The investigation revealed that it was the accused who had ran away abandoning the contraband articles on seeing the excise party. Hence, the petitioner/accused is alleged to have committed the offences punishable under the above mentioned Sections.

The application is opposed by the learned Public Prosecutor on the ground that the bar under Section 41A of the Act is attracted in this case.

It is submitted by the learned counsel for the petitioner/accused that the petitioner is innocent of the offences alleged against him. No contraband articles were seized from the petitioner/accused. The petitioner/accused, a carpenter, on the alleged date of the incident was working at a far away place situated around 10 k.ms. away from the scene of occurrence. The property from which the contraband articles are alleged to have been seized has no connection whatsoever with the petitioner/accused and therefore, the argument is that the petitioner/accused is innocent of the offences alleged against him.

Heard both sides. Perused the records.

The offence under Section 55(g) of the Act is punishable with imprisonment which may extend to 10 years and therefore the bar under Section 41A of the Act is attracted. The jurisdiction of the court to grant bail is circumscribed by the provisions of Section 41A of the Act. No accused can be released on bail when the application is opposed by the Public Prosecutor unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offences and that he is not likely to commit any offence while on bail.

At this stage, it cannot be said that there are reasonable grounds for believing that the petitioner is not guilty of the offences alleged to have been committed by him and that he is not likely to commit any offence while on bail. Hence, the bail application is dismissed.