IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8743 of 2010()
1. PADMAKUMAR
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :28/12/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 8743 of 2010
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Dated this the 28th day of December, 2010.
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who
is the 6th accused in Crime No.58 of 2010 of Kazhakuttam Excise
Range for offences punishable under Sections 55(a), 58, 12(1) and
65 of the Abkari Act for allegedly having been found in possession
of 175 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 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