IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Bail Appl..No. 338 of 2011() ---------------------------------------- (CRIME NO.45/2010 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM) ....... PETITIONER/IST ACCUSED: ------------------------------------------ PRAMOD, S/O.RAGHU, AGED 23 YEARS, MADATHUVILA VEEDU, NEAR ALATHARAKKAL TEMPLE, KEEZHKOLLA DESOM, CHENKAL VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695 001. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. -------------------------------- Bail Application No. 338 of 2011 -------------------------------- DATED: 25.01.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the 1st accused in Crime No.45/2010 of Pozhiyoor Police Station for offences punishable under sections 55(a) and (h) of the Abkari Act for allegedly having been found in possession of 350 litres of spirit, 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 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 25th day of January, 2011. V.RAMKUMAR, JUDGE sj