KURUBAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in Crime No. 9/2009 of Agali Excise Range, registered for the offences under Sections 8(1) and 8 (2) of the Kerala Abkari Act, petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail. Learned counsel appearing for the petitioner submitted that though crime was registered in 2009, petitioner was not arrested so far and the allegation is that in 2009 a person ran away, leaving behind 60 liters of arrack and petitioner has not committed the offence and is prepared to abide by any condition, he be granted anticipatory bail. Learned Public Prosecutor opposed the petition.

(2.) On hearing the learned counsel appearing for the petitioner, I do not find that petitioner be granted anticipatory bail, considering the nature of the offences and the adverse effect in granting anticipatory bail. Learned counsel then submitted that petitioner may be permitted to surrender before the Investigating officer. Petitioner is permitted to report before the Investigating Officer within ten days from today for interrogation. After completing interrogation, petitioner shall be produced before the Magistrate without delay. At that stage petitioner is at liberty to file an application for bail. If such an application is filed, Magistrate to pass appropriate order in accordance with law without delay.