IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 758 of 2009()
1. SATHYABHAMA, AGED 63 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.AJITH MURALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :18/03/2009
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 758 of 2009
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DATED: 18 .03.2008
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole
accused in C.R. No.113 of 2008 of Sasthamcotta Excise Range for an offence
punishable under section 55(i) of the Abkari Act for allegedly having been
found in possession of 900 ml of 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. I am not satisfied that both the grounds
enumerated under Section 41-A(b)(ii) of the Abkari Act are present in this case
so as to justify the release of the petitioner on bail. 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 18th day of March, 2009
V.RAMKUMAR, JUDGE.
sj
B.A.No. 2