Ammini vs State of Kerala

V. Ramkumar, J.—In this Petition filed u/s 438 Cr.P.C. the petitioner who is the accused in Crime No. 12 of 2010 of Nooranad Excise Range for an offence punishable u/s 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 1.5 litres of arrack seeks anticipatory Bail.

The learned Public Prosecutor opposed the application.

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. I am not satisfied that both the grounds enumerated u/s 41-A(b)(ii) of the Abkari Act are present in this case so as to justify the release of the petitioner on bail. 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 21.

With the above observation this Application is disposed of.

Dated this the 5th day of April, 2010.