Abkari Act (Kerala) – Section 55(i) – Pre-arrest bail – Apprehension of Arrest – found possessing 1550 ml of Indian Made Foreign Liquor for the purpose of illicit sale – she was not arrested on the spot by the Excise Officials – liquor was seized as per the mahazar, and a crime was registered – the Excise Inspector does not have any satisfactory explanation or reason why the accused was not arrested on the spot – this is not a case where the accused ran off and escaped from the spot – it appropriate to grant bail to the petitioner in the above situation.
P. UBAID, J.
B.A.No. 2989 of 2016
Dated this the 23 rd th day of June, 2016
CRIME NO. 76/2016 OF NOORANAD EXCISE RANGE OFFICE , ALAPPUZHA
BY ADV. SRI.MANU ROY
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. THE EXCISE INSPECTOR NORANAD EXCISE RANGE ,ALAPPUZHA 688001.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
The petitioner seeks pre-arrest bail on the apprehension of arrest in Crime No. 76 of 2016 of the Nooranad Excise Range, registered under
# Section 55(i) of the Kerala Abkari Act
2. It is alleged that at about 9.00 p.m. on 6.4.2016, the petitioner was found possessing 1550 ml of Indian Made Foreign Liquor for the purpose of illicit sale. The Excise party came there for search on the basis of reliable information. The petitioner was very much present there, but she was not arrested on the spot by the Excise Officials. However, the liquor was seized as per the mahazar, and a crime was registered. Now the petitioner apprehends arrest by the Excise Inspector.
3. This application for pre-arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, she will definitely obstruct the proper and effective investigation.
4. On hearing both sides, and on a perusal of the materials including the case diary and the report of the Investigating Officer, I find that the petitioner can be granted pre-arrest bail. The Excise Inspector does not have any satisfactory explanation or reason why the accused was not arrested on the spot. This is not a case where the accused ran off and escaped from the spot. I feel it appropriate to grant bail to the petitioner in the above situation.
In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on her executing a bond with two solvent sureties for ₹30,000/- (Rupees Thirty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of her arrest in connection with Crime No. 76 of 2016 of the Nooranad Excise Range. Bail is granted on condition that;
a) The petitioner shall report before the investigating officer between 10 am. and 11 am on all Wednesdays for a period of six.
b) The petitioner shall not involve in any offence under the Kerala Abkari Act, till trial of the case is over.