K. T. Suresh v. State of Kerala, represented by The Public Prosecutor, High Court of Kerala
2013-11-19
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. Petitioner is the accused in Crime No.93 of 2013 of the Chengannoor Excise Range office for the offences punishable under Sec.58 and 67(B) of the Abkari Act, apprehends arrest and has filed this application. 2. Case is that on 01.11.2013 at the relevant time 3 litres of illicit liquor was seized from the motor cycle of the petitioner. 3. Learned Public Prosecutor has submitted that though the excise officials had signaled the petitioner to stop the motor cycle, he sped away. 4. Learned counsel submits that what is involved is White Horse Rum purchased from the Mannar outlet of the State Beverages Corporation. It is submitted that the petitioner and others jointly purchased it for a get together. 5. That is a plea which the officer investigating the case has to look into. Having regard to the nature of offence, I am inclined to think that request for anticipatory bail cannot be allowed. 6. Petitioner has either to surrender before the investigating officer or before the Court concerned. 7. In case the petitioner surrenders before the investigating officer, after interrogation is over and in case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate as early as possible. 8. Learned counsel submits that the petitioner is prepared to surrender before the investigating officer on 25.11.2013 at 10 a.m. for interrogation. Petitioner can do so. The application is disposed of with the above directions.