IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 7765 of 2010() --------------------------------- (CRIME NO.48/2010 OF ALAKODE EXCISE RANGE, KANNURE DISTRICT) ...... PETITIONER/ACCUSED --------------------------- THARIYAN, AGED 58/10 S/O. VARGEES, CHOONDANANIYIL HOUSE, KOTACHOLA, ARANGAM.P.O., NADUVIL, THALIPARAMBA. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, ALAKODE EXCISE RANGE. REP. BY THE PUBLIC PROSECUTOR,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. -------------------------------- Bail Application No. 7765 of 2010 -------------------------------- DATED: 6th December, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 48 of 2010 of Alakode Excise Range for offences punishable under Sections 8(1) and (2) and 55 (g) of the Abkari Act, seeks anticipatory Bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case involving such grave offence. It is too early to accept the petitioner's contention that the petitioner has been falsely implicated. There is no reason why the petitioner should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioner surrenders before the Magistrate concerned within two weeks from today and files an application for regular bail, the same shall be considered and disposed of preferably on the same Bail Application No. 7765 of 2010 :2:- day on which it is filed bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. With the above observation this Application is disposed of . Dated this the 6th day of December, 2010. V.RAMKUMAR, JUDGE. ani