IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1339 of 2009()
1. VARGHESE @ BABY,S/O.PETER, 67/08
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SARVOTHAMAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/03/2009
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 1339 of 2009
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Dated this the 25th day of March, 2009.
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is
the 9th accused in Crime No. 334 of 2008 of Meenangadi Police
Station for an offence punishable under section 55(a) of the Abkari
Act involving the recovery of spirit kept in 43 cans of 35 liter capacity
each and 12 can of 20 liter capacity from the house allegedly rented
out by the petitioner, 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 three 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.