Kerala High Court
P.P.Vineesh vs State Of Kerala Represented By Sub on 4 February, 2008
Author: R.Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 622 of 2008()
1. P.P.VINEESH, AGED 30 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY SUB
... Respondent
For Petitioner :SRI.M.G.KARTHIKEYAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :04/02/2008
O R D E R
R.BASANT, J.
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B.A.No.622 of 2008
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Dated this the 4th day of February 2008
O R D E R
Application for anticipatory bail. The petitioner faces allegations in a crime registered under Sections 56(b) and 57(a) of the Kerala Abkari Act. The crux of the allegations against the petitioner is that 750 litres of toddy were seized from the licensed premises of the toddy shop of the petitioner on the apprehension that the toddy offered for sale was not genuine. The sample had been drawn without and before getting the report of the chemical examiner. Crime has been registered. The petitioner apprehends arrest in pursuance of such crime registered.
2. The learned counsel for the petitioner submits that the registration of the crime is premature. If the sampling had been done properly, the petitioner feels that the toddy samples from the premises will not expose the petitioner to any action under the criminal law; but surprisingly without complying with Rule 8(3) of the Kerala Abkari Shops Disposal Rules 2002, crime has been registered prematurely. The petitioner apprehends that action taken in pursuance of the F.I.R may expose him to unnecessary and undeserved consequences. In these circumstances, the petitioner has come to this court seeking anticipatory bail.
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3. The learned Public Prosecutor fairly stipulates that the crime ought to have been registered in accordance with Rule 8(3) of the Kerala Abkari Shops Disposal Rules 2002 only after receiving the report of the chemical examiner. Such report has not been received so far. However, the learned Public Prosecutor undertakes that the petitioner shall not be proceeded against and no action will be taken against him until the report of the chemical examiner is received. After getting such report of the chemical examiner, if the petitioner is required to be arrested, prior notice shall be given to the petitioner, submits the learned Public Prosecutor. In these circumstances, notwithstanding the alleged inadequacy in the premature registration of the crime, anticipatory bail may not be granted to the petitioner. Accepting the submission of the learned Public Prosecutor, this petition may be dismissed, it is prayed.
4. I am satisfied that the submissions and undertaking of the learned Public Prosecutor can be recorded and accepted and this application for anticipatory bail can be dismissed.
5. In the result, this bail application is dismissed accepting the undertaking of the learned Public Prosecutor that the petitioner shall not be arrested now and that if in future, the petitioner is required to be arrested in connection with crime No.53/2008 prior notice shall be given to the petitioner.
(R.BASANT, JUDGE)
jsr // True Copy// PA to Judge
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B.A.No.622/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007