IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2500 of 2008()
1. GEEVARGHESE @ KOCHUMON,S/O.GEEVARGHESE,
... Petitioner
Vs
1. EXCISE ENSPECTOR, NOORANAD EXCISE RANGE,
... Respondent
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :18/04/2008
O R D E R
V.K.MOHANAN, J.
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B.A.No.2500 of 2008
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Dated this the 18th day of April, 2008
ORDER
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who
is the sole accused in Crime No.3 of 2008 of Nooranad Excise Range
for an offence punishable under Section 8 of the Kerala Abkari Act for
allegedly having been found in possession of 750 ml of arrack seeks
anticipatory Bail.
2. The learned Public Prosecutor opposed the application.
3. Anticipatory bail cannot be granted in a case involving
such grave offence. It is too early to accept the petitioner’s
contention that the petitioner has been falsely implicated. There is
no reason why the petitioner should not surrender before the
magistrate concerned and seek regular bail. Accordingly, if the
petitioner surrenders before the Magistrate concerned within two
weeks from today and files an application for regular bail, the same
shall be considered and disposed of preferably on the same day on
which it is filed bearing in mind the decision in Sukumari v. State of
Kerala (2001 (1) KLT 22).
With the above observation, this Application is disposed of .
(V.K.MOHANAN, JUDGE)
rtr/-