SANUKUTTAN ALIAS KUTTAPPI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in CR. No.104/2006 of Cherthala Excise Range for an offence punishable under Sec.55(i)of the Abkari Act for allegedly having been found in possession of 1.5 litres of IMFL on 28.12.2006 intended for sale, 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 concerned magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the magistrate and files an application for regular bail within two weeks, the same shall be considered and disposed of preferably on the same day on which it is filed. The magistrate may also take note of the decision of this court in Sukumari v. State of Kerala - 2001 (1) KLT 22. With the above observation this application is dismissed.