SUNILKUMAR ALIAS SUNIACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the accused in Crime No.161/2006 of Ramankari Police Station for offences punishable under Sections 8(2) and 55(a) of the Abkari Act for allegedly having been found in possession of ten litres of illicit arrack on 30.12.2006 at 4.00 p.m and who allegedly escaped on seeing the police party, 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 having jurisdiction 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.