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REJI, S/O.KUTTY (JOSEPH) v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 2142 of 2007  RD-KL 7439 (10 April 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 2142 of 2007()
1. REJI, S/O.KUTTY (JOSEPH),
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.VIJU ABRAHAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V.RAMKUMAR, J.Bail Application No. 2142/2007 Dated this 10th day of April, 2007
O R D E RThe petitioner, who is the first accused in C.R.No.13/2002 of Udumpanchola Excise Range for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found in possession of five litres of illicit arrack, seeks anticipatory bail.
2. The case, after committal to the Court of Sessions, is pending as S.C.No.541/2006 on the file of the Additional Sessions Court/Special Judge for NDPS Act Cases, Thodupuzha. Consequent on the non appearance of the petitioner before that Court, non bailable warrants of arrest are pending against him.
3. Such being the position, I am not inclined to nullify the process issued by a court of competent jurisdiction by granting anticipatory bail. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail. The petitioner has a contention that on account of a fall in the bathroom, he had sustained some Orthopedical discomfort B.A.2142/2007 2 and injury to his spinal disk disabling him from appearing before the Court. The petitioner's learned counsel assures that the petitioner will appear before the trial Court on the next posting date namely 19.5.2007, and will co-operate with the further progress of the case. In the light of his submission, I am inclined to direct the trial Court to release the petitioner on bail.
4. Accordingly, if the petitioner surrenders before the trial Court on 2.5.2007 and files an application for regular bail, he shall be released on bail on appropriate conditions, including one ensuring his continued attendance before the Court. The application is disposed of as above. V.RAMKUMAR,
JUDGEmrcs B.A.2142/2007 3
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