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Kerala High Court
Shamala vs State on 17 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8466 of 2010()



1. SHAMALA
                      ...  Petitioner

                        Vs

1. STATE
                       ...       Respondent

                For Petitioner  :SRI.K.V.ANIL KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :17/12/2010

 O R D E R
                            V. RAMKUMAR, J.
                      --------------------------------
                   Bail Application No. 8466 of 2010
                      --------------------------------
             Dated this the 17th day of December, 2010.

                                O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner who
is the accused in C.R. No.63 of 2010 of Pathanamthitta Excise
Range for an offence punishable under section 8(1)(2) of the Abkari
Act for allegedly having been found in possession of 3 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


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