SHIBU VISWAMBHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in C.R.No.27/04 of Kuttannad Excise Range for offences punishable under sections 55(a) and 55(i) of the Abkari Act for allegedly having been found in possession of 4.5 litres of spirit and a glass tumbler presumably intended for retail sale of spirit on 19.8.2004, seeks anticipatory bail. Two of his earlier applications for anticipatory bail were dismissed by the Sessions Court, Alappuzha. It is thereafter that the petitioner has approached this court for anticipatory bail.

(2.) Learned Public Prosecutor opposed the application.

(3.) It is too early to conclude that the petitioner is not guilty of the offences alleged against him. 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 date on which it is filed. With this direction, this petition is disposed of.