IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7673 of 2006()
1. CHANDRASEKHARA.M.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.V.N.ACHUTHA KURUP (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :21/12/2006
O R D E R
V. RAMKUMAR, J.
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Bail Application No.7673 of 2006
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DATED: DECEMBER 21, 2006
O R D E R
Petitioner who is the sole accused in C.R. No.59/2000
of Kasaragod Excise Range for an offence punishable under
secs.55(a) and 64A of the Abkari Act for allegedly
transporting 300 packets of Karnataka arrack on 17.10.2000,
seeks anticipatory Bail.
2. The learned Public Prosecutor opposed the
application.
3. Anticipatory bail cannot be granted in a case of
this nature especially when both the grounds enumerated
under sec.41A (b)(ii) of the Abkari Act do not appear to be
present in this case so as to justify the grant of
anticipatory 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 and files an
application for regular bail within two weeks from today,
the same shall be considered and disposed of preferably on
B.A.No.7673/2006 2
the same day on which it is filed. With the above
observation this Application is disposed of.
V.RAMKUMAR, JUDGE.
mt/-