IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Bail Appl..No. 470 of 2011() ---------------------------- CRIME NO. 10/2010 OF BADIAKKA EXCISE RANGE, KASARAGOD. PETITIONER/ACCUSED:- ---------------------------- KARTHYAYANI, AGED 59 YEARS, W/O.LATE RAMUTTY, R/AT CHARAV HOUSE, KARADUKKA VILLAGE & POST, KASARAGOD DIST. BY ADV. SRI.S.JIJI RESPONDENT/STATE:- ------------------------- RANGE OFFICER, BADIADKA EXCISE RANGE, KASARAGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 470 of 2011 -------------------------------- Dated this the 27th day of January, 2011. 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.10 of 2010 of Badiadka Excise Range, Kasaragod for an offence punishable under sec. 8(1) and (2) of the Abkari Act for allegedly having been found in possession of two litres 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. RV