MUKUNDAN.P.P Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. for pre-arrest bail filed by the petitioner/accused in Crime No.32/2021 of Taliparamba Excise Range Office, Kannur District alleging the commission of the offences punishable under Ss. 8(2) and 55(g) of the Abkari Act, 1077 (the Act).

(2.) The prosecution case is that on 06/06/2021, the Excise Inspector and team got reliable information that wash for making illicit liquor has been stored in the rubber plantation near the house of the accused. When the excise party reached the scene of occurrence, they saw a man standing there. On seeing the excise party, he ran away. On inspection, the excise team found three litres of arrack and 45 litres of wash and accordingly, the same was seized. The investigation revealed that it was the accused who had ran away abandoning the contraband articles on seeing the excise party. Hence, the petitioner/accused is alleged to have committed the offences punishable under the above mentioned Sections.

(3.) The application is opposed by the learned Public Prosecutor on the ground that the bar under Sec. 41A of the Act is attracted in this case.