IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2245 of 2009() ----------------------------- CRMP.1016/2009 of D.C.& SESSIONS COURT,THODUPUZHA .................... (CRIME NO.5/2009 OF UDUMBANCHOLA EXCISE RANGE) PETITIONER: -------------------- THANKAPPAN,S/O.KUTTAN, CHERUVILAPUTHENVEETTIL,THALAKKULAMKARA, POOPPARA VILLAGE. BY ADV.MR.CYRIAC KURIAN RESPONDENT(S): ---------------------------- THE STATE OF KERALA,REPRESENTED BY THE EXCISE INSPECTOR,UDUMBANCHOLA. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/05/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 2245 OF 2009 ```````````````````````````````````````````````````` Dated this the 12th day of May, 2009 O R D E R Petitioner is the accused in Crime No.5/2009 of Udumbanchola Excise Range alleging commission of offence punishable under sections 8(1) and (2) of the Kerala Abkari Act. The allegation is that on 6.1.2009 the excise party searched the nearby premises of house No.111/284 of Udumbanchola Panchayat and seized 70 litres of arrack. It is in connection with that the crime was registered against the petitioner. 2. Anticipatory bail cannot be granted in a case of this nature. However, I think the petitioner can be permitted 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 any day between 18.5.2009 and 21.5.2009. On such surrender, the petitioner shall be produced before the concerned Magistrate on the same day itself. Upon such production, the Magistrate shall consider the BA.2245/09 : 2 : application for regular bail, if moved, in accordance with law, preferably on the same day on which it is moved. The application is disposed of as above. (C.T. RAVIKUMAR, JUDGE) aks