IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 451 of 2009()
1. M.P. PRASAD, AGED 42, S/O. PADMANABHAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.R.KRISHNAKUMAR (CHERTHALA)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/03/2009
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 451 of 2009
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Dated this the 3rd 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 C.R. No. 39 of 2008 of Kuttanad Excise
Range for an offence punishable under section 8(1) and (2) of the
Abkari Act for allegedly having been found in possession of two
liters 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
B.A.No. 451/2009 2
it is filed bearing in mind the decision in Sukumari v. State of
Kerala – 2001 (1) KLT 21.
With the above observation this Application is disposed of .
Dated this the 3rd day of March, 2009.
V.RAMKUMAR, JUDGE.
rv