Rajesh V.P vs State Of Kerala

K. Haripal, J

The sole accused in Crime No.57 of 2021 of Excise Range Office Ernakulam has moved this Court under Section 438 of the Cr.P.C. seeking

anticipatory bail. The crime was registered on 02.06.2021 alleging offence punishable under Section 58 of the Abkari Act after seizing eight litres of

wine from the residence of the petitioner. As the petitioner was not available at the residence, he was not arrested. Now he seeks anticipatory bail.

I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor has submitted that he has no

criminal antecedents to his credit. The contraband has already been seized from the residence of the petitioner. Question whether he was privy to the

illegal stocking of such an item can be decided only after taking evidence.

Moreover, Section 41A of the Abkari Act will be attracted only for offence in which sentence exceeding three years is prescribed. Here, no

statutory minimum substantive sentence is prescribed against offence under Section 58 of the Abkari Act. Considering these aspects and also taking

into account the fact that the petitioner has no criminal antecedents, the petition can be allowed.

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 in part as above.