BABU, S/O KOCHUKRISHNAN versus THE EXCISE INSPECTOR

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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BABU, S/O KOCHUKRISHNAN v. THE EXCISE INSPECTOR - Bail Appl No. 3182 of 2007 [2007] RD-KL 9116 (31 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3182 of 2007()

1. BABU, S/O KOCHUKRISHNAN,
... Petitioner

Vs

1. THE EXCISE INSPECTOR,
... Respondent

2. STATE OF KERALA, REPRESENTED BY THE

For Petitioner :SRI.SIBY MATHEW

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :31/05/2007

O R D E R

V. RAMKUMAR, J.

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Bail Application No.3182/2007
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DATED: 31-05-2007

O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in C.R. No.27/2007 of Pathanamthitta Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of two litres of illicit arrack seeks anticipatory Bail. He was arrested on 10.5.2007.

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 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).  B.A.No. 3182/2007 :2: With the above observation this Application is disposed of.

V.RAMKUMAR, JUDGE

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