BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks anticipatory bail on the allegation that the Nemom police are at his heals for allegedly committing non-bailable offences.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor, on instructions, submitted that the petitioner is the first accused in Crime No.238/2005 of Nemom Police Station for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in joint possession of 1.5 litres of illicit arrack along with second accused on 26.5.2005.

(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. This application is disposed of as above.