IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH MARCH 2007 / 7TH CHAITHRA 1929 Bail Appl..No. 1828 of 2007() ----------------------------- CRIME NO.161/2006 OF RAMANKARI POLICE STATION PETITIONER/ACCUSED ----------------------------------- SUNILKUMAR @ SUNIACHAN, COLONY NO.26, BIJU BHAVAN, MAMPUZHAKARI, RAMANKARI P.O. BY ADV. SRI.SAIBY JOSE KIDANGOOR SRI.BENNY ANTONY PAREL RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, RAMANKARI POLICE STATION. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------- Bail Application No. 1828/2007 ----------------------------- Dated this 28th day of March, 2007 O R D E R The petitioner, who is the accused in Crime No.161/2006 of Ramankari Police Station for offences punishable under Sections 8(2) and 55(a) of the Abkari Act for allegedly having been found in possession of ten litres of illicit arrack on 30.12.2006 at 4.00 p.m and who allegedly escaped on seeing the police party, seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate having jurisdiction and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed, bearing in mind the decision reported in Sukumari v. State of Kerala (2001 (1) KLT 22). The application is disposed of as above. V.RAMKUMAR, JUDGE mrcs B.A.1828/2007 2