IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 Bail Appl..No. 6090 of 2010() ----------------------------- CRIME NO.132/2009 OF ARYANAD EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- RAJESH @ SANTHOSH,S/O.MOHANAN, SEETHAMKUZHI VADAKKUMKARA PUTHEN VEEDU, URIYACODE, NEDUMANGADU,THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE & COMPLAINANT -------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, 2. THE EXCISE INSPECTOR, ARYANAD EXCISE RANGE, THIRUVANNTHAPURAM DISTRICT. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * Bail Application No. 6090 of 2010 * * * * * * * * * * * * * * * * * * DATED: 12th day of October, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in Crime No.132/2009 of Aryanad Excise Range for offences punishable under Sections 8(1), 8(2) and 67B of the Abkari Act for allegedly having been found in possession of 9.800 ml of arrack, 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 . V.RAMKUMAR, JUDGE. dmb