Dismissed

Anandavally v. State

Kerala HC17 Jun 2011Bail Appl./4497/2011

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AI extract

What is this about?

The High Court of Kerala, hearing an application for anticipatory bail in an excise offense case, refused immediate bail. The court directed the accused to surrender before the magistrate within two weeks to seek regular bail, which would be considered on the same day.

What did the court decide?

Anticipatory bail rejected; accused directed to surrender within two weeks for consideration of regular bail.

Anandavally Vs State — Narcotics (NDPS) | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 Bail Appl..No. 4497 of 2011() ----------------------------CR NO.49/2011 OF EXCISE RANGE, MAVELIKKARA

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PETITIONER/ACCUSED ---------------------------ANANDAVALLY, AGED 55 YEARS, MANDAPATHINKUZHIYIL HOUSE, KURATHIKAD MURI, THEKKEKARA VILLAGE, MAVLIKKARA TALUK.

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BY ADV. SRI.K.JAYARAJ

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RESPONDENT(S): COMPLAINANT

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-------------------------KERALA STATE, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, MAVELIKKARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No. 4497 of 2011

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DATED: 17.06.2011

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O R D E R

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In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the

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sole accused in C.R. No.49/2011 of Excise Range Mavelikkara for an offence punishable under Sec.55(a) of the Abkari Act for allegedly having been found in possession of 800 ml of IMFL, seeks anticipatory Bail.

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The learned Public Prosecutor opposed the application.

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Anticipatory bail cannot be granted in a case involving 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 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.

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With the above observation this Application is disposed of .

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Dated this the 17th day of June, 2011.

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V.RAMKUMAR, JUDGE

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Anandavally v. State

Case brief

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Anandavally v. State

Case brief

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