PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the second accused in Crime No.29/05 of Ezhukone Police Station for offences punishable under sections 55(b) and 55(g) of the Abkari Act for allegedly having been found in possession of 10 litres of illicit arrack and 48 litres of wash in the course of illicit manufacture of arrack on 23.1.2005, seeks anticipatory bail.

(2.) Learned Public Prosecutor opposed the application.

(3.) Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail, particularly when the case is pending before the JFCM-I, Kottarakkara as C.P.No.131/06. Accordingly, if the petitioner surrenders before the said Magistrate 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. This application is disposed of as above.