IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 269 of 2011()
1. OMANA, W/O.LATE BABU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.LUIZ GODWIN D'COUTH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/01/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No.269 of 2011
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Dated this the 19th day of January, 2011
ORDER
In this Petition filed under Sec.438 Cr.P.C. the
petitioner who is the sole accused in C.R.No.46 of 2010 of
Thamarassery Excise Range, Kozhikode, for an offence
punishable under Section 8(1) & (2) of the Abkari Act for
allegedly having been found in possession of 5 litres 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. 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
Bail Appln.No.269/2011
-:2:-
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.
skj