IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 433 of 2009()
1. PURUSHOTHAMAN AGE 39/09,
... Petitioner
2. RAJAN @ RAJENDER AGE 39/09
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/03/2009
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 433 of 2009
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DATED: 12-03-2009
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioners
who are the accused in Crime No. 3 of 2009 of Kasaragod
Excise Range for an offence punishable under Sections 8(i) and 8
(ii) of the Abkari Act for allegedly having been found in
possession of 1400 packets of arrach (each containing 100 ml.) in
4 plastic sack, 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 .
Sd/-V.RAMKUMAR, JUDGE.
ani /true copy/
B.A.No. 2