MURALEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant who was described by the investigating agency as one of the kingpins in a series of grave crimes including the offence under Section 8 of the Kerala Abkari Act (for short "the Act") found it easy to secure orders of anticipatory bail in all those cases from the Sessions Judge, Pathanamthitta. But the High Court of Kerala, within a month, reversed those orders of the Sessions Judge as per an order passed by a learned single Judge which is sought to be impugned in this Court. These appeals by special leave are intended for that purpose. After hearing learned counsel for the appellant we did not think the necessity to hear the arguments of the counsel for the respondent State of Kerala. Hence we proceed to dispose of these appeals on the strength of the arguments of the appellant.

(3.) A number of criminal cases were registered sequel to the large scale deaths of persons in what is now known as the liquor tragedy in Kollam District (Kerala). A larger number of persons have been permanently incapacitated in the episodes. Arrested persons in connection with such cases remain in jails as bail has not been granted to them. Appellant apprehended that he would also be arrested in connection with some of those cases, if not in all. Hence, while remaining absconding, he approached the Sessions Court, Pattanamthitta, for benefiting him with a pre-arrest bail order. He got what he desired. The Sessions Judge who granted the order of anticipatory bail found from the investigation records that there are reasons to presume that appellant would also be implicated as an accused in the case. The serious objections raised by the Public Prosecutor in the Sessions Court did not have any impact on the Sessions Judge which is discernible from the flippant reasoning adopted by him for granting the pre-arrest bail order.