High Court Kerala High Court

Unnikrishna Pillai vs State Of Kerala on 24 September, 2010

Kerala High Court
Unnikrishna Pillai vs State Of Kerala on 24 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5735 of 2010()


1. UNNIKRISHNA PILLAI,AGED 48 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REP.BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.BLAZE K.JOSE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/09/2010

 O R D E R
                     V.RAMKUMAR, J.
          ----------------------------------------------
           Bail Application No.5735 of 2010
         ------------------------------------------------
      Dated this the 24th day of September, 2010

                            ORDER

In this petition filed under Section 438 Cr.P.C. the

petitioner who is the sole accused in Crime No.820/2010

of Kunnikode Police Station for an offence punishable

under Section 55(a) & (i) of the Kerala Abkari Act for

allegedly having been found in possession of 2.8 litres of

Indian Made Foreign Liquor, 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

Bail Appln.No.5735/2010
: 2 :

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

skj