IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1662 of 2009()
1. BABYKUTTAN PILLIAI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.MVS.NAMBOOTHIRY
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/03/2009
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 1662 OF 2009
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DATED: 26-03-2009
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who
is the first accused in Crime No. 703 of 2007 of Pathanamthitta
Police Station for an offence punishable under Sec. 57 (a) of the
Abkari Act, 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 .
Dated this the 26th day of March, 2009.
V.RAMKUMAR, JUDGE.
ani