IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 745 of 2011()
1. SABU, S/O. GOVINDAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/02/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 745 of 2011
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Dated this the 8th day of February, 2011.
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.40 of 2003 of Amaravila Excise
Range for offences punishable under sections 8(1), 8(2) and 55(a)
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
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