BHADRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No.35/2007 of Kayamkulam Excise Range for an offence punishable under section 8(i) and (ii) of the Abkari Act for allegedly having been found in possession of seeks anticipatory Bail.

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

(3.) Anticipatory bail cannot be granted in a case involving such grave offence. It is too early to accept the petitioner's contention that the petitioner has been falsely implicated. 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 concerned within 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, bearing in mind the decision in Sukumari v. State of Kerala (2001 (1) KLT With the above observation this Application is disposed of.