RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the second accused in Crime No.42/05 of Kanjikuzhi Police Station for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 1 liter of arrack on 14.3.2005, seeks anticipatory bail.

(2.) Learned Public Prosecutor opposed the application.

(3.) It is too early to conclude that the petitioner is not guilty of the offences and that the alleged contraband liquor cannot amount to arrack as defined. I am not satisfied that both the grounds enumerated under section 41A(b)(ii) of the Abkari Act are present in this case so as to justify the grant of anticipatory bail to the petitioner. 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 and files an application for regular bail, within 10 days from today, the same shall be considered and disposed of, preferably on the same date on which it is filed. With this direction, this petition is dismissed.