Kerala High Court
Kannan vs State Of Kerala on 8 February, 2011
Author: V. Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 642 of 2011()
1. KANNAN, AGED 37 YEARS, S/O.KUPPAN,
... Petitioner
2. MURALI, AGED 30 YEARS, S/O.KUPPAN,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/02/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 642 of 2011
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Dated this the 8th day of February, 2011.
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused Nos. 2 and 3 in C.R. No.64 of 2010 of Kuzhalmannam Excise Range, Palakkad for offences punishable under sections 55
(g) and 8(2) of the Abkari Act for allegedly having been found in possession of 30 litres of arrack and 150 litres of wash, seek anticipatory Bail.
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 petitioners' contention that the petitioners have been falsely implicated. There is no reason why the petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file 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.
With the above observation this Application is disposed of .
V.RAMKUMAR, JUDGE.
rv