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2003 Supreme(Ker) 623

K.PADMANABHAN NAIR
State of Kerala – Appellant
Versus
K. R. Suraj – Respondent


Judgment :-

This is a petition filed by the State for canceling the anticipatory bail granted to the respondent by the Sessions judge. Ernakulam, in Crl. M. C.No.219 of 2003 by order dated 14-2-2003.

2. The respondent is the 11th accused in Crime No.286 of 2002 of Thrikkakara Police Station registered under sections 120B of the Indian Penal Code 55(a), (g), (h) and (i), 56 and 57 of the Kerala Abkari Act. The petitioner filed Crl. M. C. No.219 of 2003 for anticipatory bail alleging that himself and one Majeed were falsely implicated as accused Nos. 10 and 11 in the case only on the allegation that the 10th accused for and on behalf of himself and for the petitioner herein took demand drafts in favour of the Assistant Excise Commissioner in order to help the 9th accused for taking toddy shops in Ernakulam Excise Range. It is further averred that even if the allegation against the petitioner is admitted as such, no offence under the provisions of the Abkari Act is made out against him. The learned Sessions Judge, accepting the case of the petitioner, granted anticipatory bail to the petitioner without any time limit so as to enure till the end of the trial.

3. At or about 4.15 a.m. on


























































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