PUSHPADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in C.R.No.18/06 of Thodupuzha Excise Range for offences punishable under sections 55(a) and 55(i) of the Abkari Act for allegedly having been found in possession of 6 liters of IMFL with a glass tumbler and some water presumably intended for sale on 1.11.2006, seeks anticipatory bail.

(2.) Learned Public Prosecutor opposed the application.

(3.) Anticipatory bail cannot be granted in a case of this nature. 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 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 two weeks 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 disposed of.