Anitha vs State Of Kerala on 5 August, 2010

       

  

  

 
 
  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.

dmb