D PAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed under Section 438 of the code of Criminal Procedure for anticipatory bail. The petitioner is the sole accused in Crime No. 11 of 2009 of Mallappally excise Range alleging commission of offences punishable under sections 55 (i) and 67b of the Abkari Act.

(2.) THE allegation against the petitioner is that on 28. 3. 2009 at about 5. 20 p. m. the Excise party found 8 bottles of Indian made foreign liquor having 375 ml. each from the scooter belonging to the petitioner.

(3.) I have heard learned counsel for the petitioner as also the learned Public Prosecutor. I do not think that the petitioner is entitled for anticipatory bail in a case of this nature. However, I am inclined to permit the petitioner to surrender before the investigating officer for the purpose of interrogation and to have his application for regular bail considered by the Magistrate having jurisdiction.