Vijesh vs State Of Kerala

Shircy V., J

This is the second application preferred by the accused in Crime No.124 of 2021 of Excise Range Office, Kuthuparamba registered for the

offences punishable under Sections 8(1), (2) and 67 of the Abkari Act.

The prosecution allegation is as follows:

On 21.07.2021 at about 11.50 a.m the Excise Inspector of Kuthuparamba and his team were on patrol duty and while they were proceeding through

the public road, they happened to see an auto rickshaw bearing registration No.KL-58U-1509 proceeding on the opposite side without any passengers.

On getting suspicion, they gave signal to stop the vehicle and the vehicle was stopped and on examination, it was found that the petitioner was in

possession and transportation of illicit liquor of 30 litres by concealing the same in his auto rickshaw. When they were about to arrest him, he fled

away from the spot by throwing away the key of the auto rickshaw to a nearby property. Since the contraband has been seized from the auto

rickshaw, he has been booked for the aforesaid offences.

It is pertinent to note that this Court by an order dated 06.09.2021 had dismissed the pre-arrest bail application submitted by him. While disposing of

the said application this Court observed as follows:

“Considering the nature of accusation levelled against the petitioner, the quantity of the contraband seized by the sleuths, I do not think that this is a fit case in

which pre-arrest bail can be granted as requested by the learned counsel for the petitioner. Therefore, this application deserves a dismissal and I do so.â€​

Though this application was disposed of on 06.09.2021 he has not been apprehended by the investigating agency till date. The submission of the

learned Public Prosecutor is that the case was originally registered by the excise officials of Kuthuparamba. Later the case was transferred to the

Eratty Excise Range and now the Excise Inspector of Eratty Excise Range is conducting the investigation of the case and that is the reason for not

apprehending him after disposal of the first application for pre-arrest bail.

Considering the entire facts and circumstances involved in this case, I do not find it just and proper to allow this application. But the petitioner is

directed to surrender before the Excise Inspector, Eratty Excise Range on 4.2.2021 between 10 a.m and 11.00. Upon his surrender after recording his

arrest and interrogation he shall be produced before the jurisdictional Magistrate. The jurisdictional Magistrate shall consider his bail application, if any,

on merits preferably on the very same day.

With this observation this application is disposed of.