High Court Kerala High Court

Rajan vs The State Of Kerala on 16 September, 2010

Kerala High Court
Rajan vs The State Of Kerala on 16 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5516 of 2010()


1. RAJAN, S/O.KUNHATHAN, PALAN VEEDU,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :16/09/2010

 O R D E R
                             V. RAMKUMAR, J.

                --------------------------------
                   Bail Application No.5516 of 2010
                --------------------------------
                           DATED: 16.09.2010

                                 O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who
is the 2nd accused in Crime No.185/2010 of Vengara Police Station
for offences punishable under Section 55(i) read with Section 63 of
the Abkari Act for allegedly having been found in possession of 7
litres of Indian Made Foreign Liquor, 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.RAMKUMAR, JUDGE.

sj