OMANA VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, a lady and who is the accused in C.R.No.41/2007 of Nedumangad Excise Range for an offence punishable under section 8(2) of the Abkari Act for allegedly having been found in possession of 10 litres of illicit arrack on 22.02.2007, seeks anticipatory bail.

(2.) 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 concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned 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, bearing in mind the decision of this court reported in Sukumari Vs. State of Kerala [2001 (1) KLT 22]. This application is disposed of as above.