GOPAN PADMANABHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the second accused in C.R.No.69/06 of Amaravila Excise Range for an offence punishable under section 8(2) of the Abkari act for allegedly having been supplied two litres of illicit arrack to the first accused, a lady, on 17.12.2006, seeks anticipatory bail.

(2.) Learned Pubic 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 Investigating Officer for interrogation and then to have his application for regular bail considered by the Magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer viz; the Excise Inspector, Amaravila on any day between 07.03.2007 and 09.03.2007 for the purpose of interrogation. The petitioner shall thereafter be produced on the same day before the Magistrate concerned, who shall consider and dispose of the application, if any, filed by the petitioner for regular bail preferably on the same date on which it is filed bearing in mind the decision reported in Sukumari v.State of Kerala (2001(1) KLT 22). This application is disposed of as above.