A bail application filed under Section 438 Cr.P.C. regarding alleged IMFL possession was rejected. The court directed the petitioner to surrender within two weeks to seek regular bail, citing Sukumari v. State of Kerala.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Bail Appl..No. 4918 of 2011() ----------------------------CR.NO.185/2010 OF NEMMARA POLICE STATION PETITIONER ---------------GIREESH @ RAJEEVAN,S/O.CHANDRAN NELLIPPADAM,VALLANGI,NEMMARA,CITTUR TALUK, PALAKKAD DISTRICT
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S): --------------STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM,REPRESENTING NEMMARA POLICE STAITON, PALAKKAD
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No.4918 of 2011
DATED: 28.06.2011
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the sole accused in C.R. No.185/2010 of Nemmara Police Station for an offence punishable under Sections 55(a) and 55(h) of the Abkari Act for allegedly having been found in possession of 9.875 litres of IMFL seeks anticipatory Bail.
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.
With the above observation this Application is disposed of .
Dated this the 28th day of June, 2011.
V.RAMKUMAR, JUDGE
sj
3 issues framed by the court
Whether anticipatory bail can be granted in a case alleging possession of IMFL punishable under Sections 55(a) and 55(h) of the Abkari Act.
Whether the petitioner should be directed to surrender and seek regular bail.
The conditions under which an bail application alleging grave offence be disposed of.
Colour shows how this judgement treated each authority
Sukumari v. State of KeralaExplained¶14
Sukumari v. State of Kerala - 2001 (1) KLT 22
Gireesh @ Rajeevan
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
