High Court Kerala High Court

Shan K.V. vs Sho on 24 March, 2010

Kerala High Court
Shan K.V. vs Sho on 24 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1413 of 2010()


1. SHAN K.V., AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. SHO, PERUVANNAMUZHI POLICE STATION,
                       ...       Respondent

                For Petitioner  :SRI.SANTHARAM.P

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/03/2010

 O R D E R
                            V. RAMKUMAR, J.
                --------------------------------
                  Bail Application No.1413 of 2010
                --------------------------------
                           DATE: 24.03.2010

                                O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is

the 2nd accused in Crime No.115 of 2009 of Peruvannamuzhi Police

Station for an offence punishable under sec.55(a) of the Abkari Act

for allegedly having been found in possession of 15 bottles IMFL of

375 ml each 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.

sj