IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3225 of 2008()
1. JANAKI, W/O. NARAYANAN,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.S.DILEEP (KALLAR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :21/05/2008
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 3225 of 2008
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DATED: 21.05.2008
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the
accused in Crime No.289 of 2007 of Santhanpara Police Station for an offence
punishable under secs. 8(1) & (2) of the Abkari Act for allegedly having been
found in possession of 5 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. I am not satisfied that both the grounds enumerated
under Section 41-A(b)(ii) of the Abkari Act are present in this case so as to justify
the release of the petitioner on 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 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.
sj
B.A.No. 2