IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1367 of 2009()
1. KUTTAPPAN, AGED 60 YEARS,
... Petitioner
Vs
1. KERALA STATE REPRESENTED BY EXCISE
... Respondent
For Petitioner :SRI.K.JAYARAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/03/2009
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 1367 of 2009
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Dated this the 23rd day of March, 2009.
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is
the accused in Crime No. 2 of 2009 of Nooranadu Excise Range for an
offence punishable under section 55(i) of the Abkari Act for allegedly
having been found in possession of 9.5 liters of Indian made foreign
liquor, 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 v. State of Kerala – 2001 (1) KLT 22.
With the above observation this Application is disposed of .
V.RAMKUMAR, JUDGE.
rv
