IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 6060 of 2009() ----------------------------- CRIME NO.154/09 OF VARANTHARAPILLY P.S PETITIONER/SOLE ACCUSED ----------------------------------- VINOD KUMAR, 34,S/O.VIJAYAN,KAYYALAKAPARAMB HOUSE, KORANODI CO-OPERATIVE ROAD,VADAKUMURI DESOM, VARANTHERAPPILLY VILLAGE,MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): STATE OF KERALA/COMPLAINANT ------------------------------------------ THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, VARANTHARAPPILLY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO. 6060 OF 2009 ------------------------------------------ Dated 27th October 2009 O R D E R Petitioner is the accused in crime No.154/2009 of Varantharappilly police station registered for the offence under Section 55(a) of Abkari Act. Allegation against the petitioner is that on 13/4/2009 at 3.30 p.m he was found in possession of 47 bottles each containing 750 ml of XXX Rum and two bottles each containing 750 ml of VSOP Brandy and one bottle containing 350 ml of XXX Rum inside his house. Petitioner had earlier filed Crl.M.C.617/2009 before the Sessions court, Thrissur for anticipatory bail which was dismissed under Annexure-II order. He again approached the learned Sessions Judge for the same relief which was rejected under Annexure-III order. This petition is filed for anticipatory bail contending that petitioner is prepared to abide by any condition and he be granted anticipatory bail. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Ba 6060/09 Learned Public Prosecutor opposed the application. 3. On hearing the learned counsel and considering the nature of the offence, I find no ground to grant anticipatory bail to the petitioner as sought for. Petitioner is at liberty to surrender before the learned Magistrate and seek regular bail. When an accused surrenders and files an application for bail, Magistrate is expected to pass orders in the application without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.