THOMAS JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the accused in Crime No.640/02 of Kalady Police Station for offences punishable under sections 55(a) and 55(i) of the Abkari Act for allegedly having been found in possession of 2.975 litres of IMFL on 22.11.02, seeks anticipatory Bail. The learned Public Prosecutor opposed the application.

(2.) ANTICIPATORY bail cannot be granted in a case involving such grave offence. Moreover, I am not satisfied that both the grounds enumerated under section 41A(b)(ii) of the Abkari Act are present in this case so as to justify the grant of anticipatory bail. There is no reason why the petitioner should not surrender before the magistrate concerned and seek regular bail. If the petitioner surrenders before the Magistrate concerned within two weeks from today and files an application for regular bail, the same shall be considered and disposed of, preferably on the same day on which it is filed. This application is, accordingly, dismissed.