IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7208 of 2010()
1. PUSHPANGADAN @ PUSHPAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.SHANAVAS KHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/11/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 7208 of 2010
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Dated this the 29th day of November, 2010.
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who
is the sole accused in Crime No.71 of 2010 of Karthikappally Excise
Range for an offence punishable under section 8(i)(ii) of the Abkari
Act for allegedly having been found in possession of 800 ml 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
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