Jacob Thomas @ Sabu Paster vs Excise Range Inspector on 4 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3173 of 2007()


1. JACOB THOMAS @ SABU PASTER,
                      ...  Petitioner

                        Vs



1. EXCISE RANGE INSPECTOR,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/06/2007

 O R D E R
                                V. RAMKUMAR, J.


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                              B.A. No. 3173 OF 2007

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                     Dated this the 4th day of June, 2007


                                      O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner,

who is the 1st accused in C.R. No.6/2007 of Agali Excise Range for

offences punishable under sections 8(1) and 8(2) of the Abkari Act for

allegedly having been found in possession of 230 litres of illicit 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 and disposed

of, preferably on the same day on which it is filed bearing in mind the

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

This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks