Rameshan M N 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.131/2021 of Excise Range Office, Sreekandapuram, Kannur District alleging commission of the offence punishable under Section 55(g) of the Abkari Act, 1077 (the Act).

The prosecution case is that on 26.10.2021 at 12.20 p.m., 140 litres of wash was seized from the possession of the petitioner/accused. Hence, the petitioner/accused is alleged to have committed the offence punishable under the above mentioned Section.

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 and that investigation has not been completed.

It is submitted by the learned counsel for the petitioner/accused that the petitioner is innocent of the offence alleged against him and has also drawn the attention of the Court to Annexure-A3 medical certificate produced to show that the health of the petitioner is not satisfactory.

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 offence 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 offence 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.