Sreekumar vs State Of Kerala

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

The applicant is the 1st accused in Crime No.622/2020 of Vattiyoorkavu Police Station for having allegedly committed the offences punishable

under Sections 8(1) and 8(2) of the Abkari Act.

The prosecution case, in brief, is that the applicant and other accused were in possession of four litres of wash and other raw materials for distilling

illicit arrack in a property, which was raided by the police officials.

It is stated that the property actually belongs to the mother and the applicant is staying about 5 kms. away from the property on lease. He has also

produced a rent agreement executed on 10.07.2019. The applicant states that he is innocent and a false case has been foisted against him. He has no

other criminal antecedents, and therefore, seeks anticipatory bail.

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

In view of the embargo under Section 41A of the Abkari Act, and the decision of the Apex Court in Muraleedharan v. State of Kerala, 2001 KHC

411, I find that the application for pre-arrest bail cannot be entertained by this Court. Under the circumstances, the application is only to be dismissed.

The applicant is therefore directed to surrender before the investigating officer within two weeks and the investigating officer shall, after

interrogation, produce him before the jurisdictional Magistrate, where he is at liberty to apply for regular bail, which shall be considered and disposed

of preferably on the very same date, keeping in view the dictum of this Court in Sukumari v. State of Kerala, 2001 (1) KLT 22 and the mitigating

circumstances pointed out by the applicant.