SINDHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a lady, who is the accused in C.R.No.77/2006 of Nedumangad Excise Range for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found in possession of five litres of illicit arrack on 25.8.2006, seeks anticipatory bail.

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

(3.) Anticipatory bail cannot be granted in a case of this nature. 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 and files an 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 reported in Sukumari v. State of Kerala (2001 (1) KLT 22). The application is disposed of as above.