THULASEEDHARAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the accused in C.R. No.10/2007 of Karunagappally Excise Range for an offence punishable under Sec. 55(a) of the Abkari Act for allegedly having been found in possession of 7.5 liters of IMFL on 8.1.2007, seeks anticipatory bail.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) Eventhough the Public Prosecutor opposed the application, he confessed that the prosecution records do not allege that the IMFL found in the possession of the petitioner was meant for sale for which an offence punishable under section 55(a) or (i) is not made out in the light of the decision of this court reported in Sabu Vs. State of Kerala [2003 (2) KLT 1003]. I am, therefore, inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to the investigating officer concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: