IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3131 of 2008()
1. NIDHEESH, AGED 38 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. EXCISE INSPECTOR,
For Petitioner :SRI.K.HARILAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :16/05/2008
O R D E R
V.K.MOHANAN, J.
--------------------------------
Bail Application No. 3131 2008
------------------------------------------------
Dated this the 13th day of May, 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. 63/2004 of Pathanapuram Excise
Range for offences punishable under Sections 55(a) and 67 B of
the Abkari Act for allegedly having been found in possession
of 665 litres of spirit, 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
B.A. No. 3131 OF 2008
2
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.K.MOHANAN,
JUDGE.
ttb