VIDYANANDAN SANKUNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in C.R. No. 20/2006 of Mannarkkad Excise Range for an offence punishable under Sec.8(i) & (ii) of the Abkari Act,for allegedly having been found in possession of 4 litres of illicit arrack on 22/11/2006, seeks anticipatory bail.

(2.) The learned Public Prosecutor opposed the application.

(3.) It is too early to conclude that the petitioner is mentally unsound consequent on the death of his son in a train accident on 23/01/2006 and that the petitioner is not guilty of the offences alleged against him. Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail within 2 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.