BIJU PONNAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the first accused in Crime No.450/05 of Panthalam Police Station for offences punishable under sections 8 (1) and 8(2) of the Abkari Act for allegedly having been found in joint possession of 9 litres of arrack on 27.10.2005, seeks anticipatory bail.

(2.) AS per Annexure I order dated 1.12.2005 in B.A.No.6611/05, this court was not inclined to grant anticipatory bail to the petitioner. But he was, however, directed to surrender before the Magistrate concerned on 21.12.2005 and the Magistrate was directed to consider his application for bail and pass appropriate orders on the same day itself. Admittedly, the petitioner did not surrender before the Magistrate on the dates specified by this court. Anticipatory bail cannot be granted in a case of this nature. However, notwithstanding the opposition made by the learned Public Prosecutor, I am inclined to grant one more opportunity to the petitioner to surrender before the Magistrate. Accordingly, if the petitioner surrenders before the Magistrate having jurisdiction within one week from today and files an application for regular bail, the same shall be considered and disposed of, preferably on the same date on which it is filed. With this direction, this petition is disposed of.