High Court Kerala High Court

Gopi vs State Of Kerala on 9 March, 2007

Kerala High Court
Gopi vs State Of Kerala on 9 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1393 of 2007()


1. GOPI, PLAVILA VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :09/03/2007

 O R D E R
                                   V. RAMKUMAR, J.

                      ````````````````````````````````````````````````````

                                 B.A. No. 1393 OF 2007

                      ````````````````````````````````````````````````````

                       Dated this the 9th day of March, 2007


                                          O R D E R

Petitioner, who is the accused in C.R.No.6/2007 of

Vamanapuram Excise Range for offences punishable under sections 8(1) and

(2) of the Abkari Act for allegedly having been found in possession of two

litres of coloured arrack on 13.2.2007, seeks anticipatory bail.

2. Learned Public Prosecutor opposed the application.

3. Anticipatory bail cannot be granted in a case of this nature. But

at the same time, I am inclined to permit the petitioner to surrender before the

Investigating Officer namely, Excise Inspector, Vamanapuram for the purpose

of interrogation and then to have his application for regular bail considered by

the Magistrate concerned. Accordingly, the petitioner is directed to surrender

before the Excise Inspector, Vamanapuram on any day between 15.3.2007

and 17.3.2007 for the purpose of interrogation. The petitioner shall,

thereafter, be produced on the same day before the concerned Magistrate,

who shall consider and dispose of the application, if any, filed by the petitioner

for regular bail. Such consideration for disposal shall preferably on the same

date on which the bail application is filed, bearing in mind the decision of this

court reported in Sukumari Vs. State of Kerala [2001 (1) KLT 22].

This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks