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[Cites 2, Cited by 1]

Kerala High Court

Babykutty vs Kerala State Represented By on 5 March, 2007

Author: V. Ramkumar

Bench: V.Ramkumar

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1290 of 2007()


1. BABYKUTTY, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. KERALA STATE REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.K.JAYARAJ

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :05/03/2007

 O R D E R
                                 V. RAMKUMAR, J.


                     ````````````````````````````````````````````````````

                             B.A. No. 1290 OF 2007 A

                     ````````````````````````````````````````````````````

                     Dated this the 5th day of March, 2007


                                       O R D E R

Petitioner, a lady, who is the accused in C.R.No.219/06 of Chengannur Excise Range for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found in possession of 1 litre of illicit arrack on 24.11.06, seeks anticipatory bail.

2. Learned Public Prosecutor opposed the application.

3. Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the concerned Magistrate and files an application for regular bail, within a period of two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed, bearing in mind the proviso to Section 437(1) and also the decision of this court reported in Sukumari Vs. State of Kerala [2001 (1) KLT 22].

This application is disposed of as above.

(V. RAMKUMAR, JUDGE) aks