Muhammed Ali vs State Of Kerala on 19 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7810 of 2007()


1. MUHAMMED ALI, S/O. AHAMMED KHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE EXCISE CIRCLE INSPECTOR,

                For Petitioner  :SRI.D.KISHORE

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :19/12/2007

 O R D E R
                               R.BASANT, J
                        ------------------------------------
                         B.A.No.7810 of 2007
                       -------------------------------------
             Dated this the 19th day of December, 2007

                                    ORDER

Application for anticipatory bail. Petitioner wanted to raise a

contention that the offence alleged is bailable and unnecessarily

it is reckoned as non bailable. But in the course of arguments, the

learned counsel for the petitioner fairly concedes that in the light

of the decision of a Division Bench of this Court in B.A.No.1787 of

2003 dated 18.11.03, the offence may be reckoned as non

bailable and the petitioner is now willing to surrender before the

learned Magistrate and seek regular bail.

2. This bail application is accordingly dismissed as agreed

without any fetter on the rights of the petitioner to surrender

before the learned Magistrate and seek regular bail. Needless to

say that if the petitioner appears before the learned Magistrate

and applies for bail after giving sufficient prior notice to the

Prosecutor in charge of the case, the learned Magistrate must

proceed to pass appropriate orders on merits and expeditiously.

(R.BASANT, JUDGE)
rtr/-