MURALEEDHARAN vs STATE OF KERALA

The Supreme Court held that anticipatory bail under Section 8(2) of the Kerala Abkari Act cannot be granted without satisfying the stringent conditions laid out in Section 41A of the Act, which requires the Public Prosecutor to be given an opportunity to oppose the application. The Court criticized the Sessions Judge's reasoning for granting bail, emphasizing that the serious nature of the offences involved necessitates adherence to legislative restrictions on bail. Consequently, the Court overturned the anticipatory bail order granted by the Sessions Judge, reinforcing the principle that bail should not be granted lightly in serious criminal cases.