IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2546 of 2007()
1. S.S.SHARJA HUSSAIN, AGED 33 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.C.THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :28/05/2007
O R D E R
V. RAMKUMAR, J.
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B.A. No. 2546 OF 2007
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Dated this the 28th day of May, 2007
O R D E R
Petitioner, who is the 5th accused in Crime No.579/06 of
Vadakkancherry Police Station for an offence punishable under section
55(a) of the Abkari Act for allegedly transporting 11800 litres of spirit in a
tanker lorry on 5.12.06, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was
constantly giving directions through a mobile phone to the 4th accused,
who was one of the persons inside the tanker lorry in which the
contraband spirit was transported. An earlier application for anticipatory
bail filed by the petitioner as B.A.No.540/07 was dismissed by this court.
3. Anticipatory bail cannot be granted in a case of this nature.
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 and files an
application for regular bail within two weeks from today, the same shall
be considered and disposed of, preferably on the same date on which it
is filed.
This application is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks