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RAJESH v. THE STATE OF KERALA - Bail Appl No. 7170 of 2006  RD-KL 2567 (5 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 7170 of 2006()
1. RAJESH, S/O.RAJAPPAN,
1. THE STATE OF KERALA, REPRESENTED
For Petitioner :SRI.G.SUKUMARA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V.RAMKUMAR, J.B.A.No. 7170 OF 2006
DATED THIS THE 5TH DAY OF DECEMBER, 2006
O R D E RPetitioner who is the accused in C.R.No.14/06 of Changanassery Excise Range for offences punishable under sections 55(a) and 55(g) of the Abkari Act for allegedly having been found in possession of 32 litres of wash and distilling apparatus on 18.10.2006, seeks bail.
2. Learned Public Prosecutor opposed the application submitting that the petitioner had made good his escape on seeing the Excise party. It is too early to conclude that the petitioner is not guilty of the offence and that he will not commit any offence while on bail. I am not satisfied that both the grounds enumerated under Clause (b)(ii) of Sec.41A of the Abkari Act are present in this case so as to grant anticipatory bail to the petitioner. 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 and files an application for regular bail, within 10 days from today, the same shall be considered and disposed of, preferably on the same date on which it is filed. With this observation, this petition is disposed of.
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