IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 4071 of 2010() 1. ANITHA, AGED 40 YEARS, S/O. MADHAVI, ... Petitioner Vs 1. STATE OF KERALA, REP. BY PUBLIC ... Respondent For Petitioner :SRI.S.RAJEEV For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice V.RAMKUMAR Dated :05/08/2010 O R D E R V. RAMKUMAR, J. -------------------------------- Bail Application No. 4071 of 2010 -------------------------------- DATED: 5th day of August, 2010 O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is
the sole accused in Crime No.28/2009 of Vamanapuram Excise Range
for offences punishable under sections 55(a) and 55(i) of the Abkari Act
for allegedly having been found in possession of 700 ml IMFL, 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.
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