This court dismissed an application for anticipatory bail in a case involving possession of foreign liquor, holding that the offence is grave. The applicant was directed to surrender and seek regular bail within two weeks.
Application dismissed; applicant directed to surrender and seek regular bail within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931
Bail Appl..No. 278 of 2009() ----------------------------
CRIME NO. 304/2008 of THIRUVALLAM POLICE STATION
APPLICANT/ACCUSED:-
SANTHOSH KUMAR, AGED 34 YEARS, S/O.VISHWANATHAN, ATTILPUTHUVAL VEEDU, G.V. RAJA ROAD, KOVALAM, THIRUVANANTHAPURAM.
BY ADV. MR. PAUL MATHEW (PERUMPILLIL) MR. P.V.SREENIJIN MS. K.B.SONY MR. PRASUN.S MR. SANU.S.PANICKER MR. ALAN PAPALI
RESPONDENT/ COMPLAINANT/STATE:-
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP. BY S.I. OF POLICE, THIRUVALLAM POLICE STATION.
ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No. 278 of 2009
Dated this the 23rd day of March, 2009.
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 304 of 2008 of Thiruvallam Police Station for an offence punishable under section 55(a) and (i) of the Abkari Act for allegedly having been found in possession
of foreign liquor, beer and wine, seeks anticipatory Bail.
The learned counsel for the petitioner submitted that the petitioner has reported before the Investigating Officer for interrogation in pursuance of the interim order passed by this Court.
such grave offence. It is too early to accept the petitioner's contention that the petitioner has been falsely implicated. 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 within
B.A. No. 278/2009 : 2 :
two weeks from today and files an application for regular bail, the same shall be considered and disposed of preferably on the
same day on which it is filed bearing in mind the decision in
Sukumari v. State of Kerala - 2001 (1) KLT 22.
With the above observation this Application is disposed of .
V.RAMKUMAR, JUDGE.
rv
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving possession of foreign liquor under the Abkari Act.
Colour shows how this judgement treated each authority
Sukumari v. State of KeralaExplained¶29
# Sukumari v. State of Kerala - 2001 (1) KLT 22.
2 provisions across 2 enactments
SANTHOSH KUMAR
STATE OF KERALA
V.RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
