SHIBU ALIAS FIROSH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a petition for pre-arrest bail filed by the sole accused in Crime No. 25/2009 of Aryanad Excise Range registered under section 55 (a) (1) of the Kerala Abkari Act. The case of the prosecution is that 1050 litres of spirit was found in the house owned by the petitioner/accused and thereby he has committed the offence alleged against him. On the other hand, the petitioner contends that he had absolutely no connection with the offence alleged against him. According to him, the house in question is in a dilapidated condition and virtually abandoned and not fit for any use. The petitioner has another contention that he is a chronic diabetic patient and almost bedridden. According to the prosecution, the petitioner was very much present at the sight of occurrence and he escaped from the site only at the sight of the excise party.

(2.) WHATEVER that be, I think anticipatory bail cannot be granted in a case of this nature. However, I am inclined to permit the petitioner to surrender before the investigating officer and then, have his application for regular bail considered by the magistrate having jurisdiction. Therefore, the petitioner shall surrender before the investigating officer in the said crime on a date between 14. 5. 2009 and 18. 5. 2009. On such surrender, after interrogation, if required, he shall be produced before the competent Magistrate on the same day itself. Upon such production, the Magistrate shall consider the application for regular bail, preferably on the same day on which it is moved. The application is disposed of as above.