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CHANDRASEKHARA.M v. STATE OF KERALA - Bail Appl No. 7673 of 2006  RD-KL 4066 (21 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 7673 of 2006()
1. STATE OF KERALA
For Petitioner :SRI.V.N.ACHUTHA KURUP (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.Bail Application No.7673 of 2006
DATED: DECEMBER 21, 2006
O R D E RPetitioner who is the sole accused in C.R. No.59/2000 of Kasaragod Excise Range for an offence punishable under secs.55(a) and 64A of the Abkari Act for allegedly transporting 300 packets of Karnataka arrack on 17.10.2000, seeks anticipatory Bail.
2. The learned Public Prosecutor opposed the application.
3. Anticipatory bail cannot be granted in a case of this nature especially when both the grounds enumerated under sec.41A (b)(ii) of the Abkari Act do not appear to be present in this case so as to justify the grant of anticipatory 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 and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on B.A.No.7673/2006 2 the same day on which it is filed. With the above observation this Application is disposed of.
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