PRADEEP Vs. S I OF POLICE

JUDGEMENT

(1.) The petitioner, who is the accused in Crime No.319/2006 of Pandalam Police Station for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found in possession of 3.5 litres of illicit arrack on 1.8.2006, seeks anticipatory bail.

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

(3.) Anticipatory bail cannot be granted in a case of this nature, even if the charge sheet has already been filed. 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 having jurisdiction and files and application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed, bearing in mind the decision report in Sukumari v. State of Kerala (2001 (1) KLT 22). The application is disposed of as above.