High Court Kerala High Court

Kunjumol And Another vs State Of Kerala on 20 December, 2010

Kerala High Court
Kunjumol And Another vs State Of Kerala on 20 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8546 of 2010()



1. KUNJUMOL AND ANOTHER
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.AJITH MURALI

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/12/2010

 O R D E R
                            V. RAMKUMAR, J.
                    --------------------------------
                Bail Application No.8546 of 2010
                 --------------------------------------
          Dated this the 20th day of December, 2010

                               O R D E R

In this Petition filed under Sec. 438 Cr.P.C. petitioners, who are

accused Nos.1 and 2 in C.R. No.68/2010 of Pathanamthitta Excise

Range for an offence punishable under Section 8(1)&(2) of the Abkari

Act for allegedly having been found in possession of 10 litres of

arrack, seek 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 petitioners contention that

the petitioners have been falsely implicated. There is no reason why

the petitioners should not surrender before the magistrate concerned

and seek regular bail. Accordingly, If the petitioners surrender before

the Magistrate concerned within two weeks from today and file 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.

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