IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5350 of 2010()
1. BAIJU, AGED 27 YEARS, S/O. APPAKANNU,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :14/09/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.5350 of 2010
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Dated this the 14th day of September, 2010
ORDER
In this petition filed under Section 438 Cr.P.C. the
petitioner who is the sole accused in Excise Crime No.3/2005
of Nedumangadu Excise Range for offences punishable under
Sections 55(a), 8(1), 8(2), 65 & 67B of Abkari Act I of 1077 for
allegedly having been found in possession of 30 litres of
arrack, 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
Bail Appln.No.5350/2010
: 2 :
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
skj