IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Bail Appl..No. 6114 of 2010(F) ----------------------------------- (O.R.NO.26/2009 OF BALUSSERY EXCISE RANGE, KOZHIKODE DISTRICT) .............. PETITIONER(S)/1ST ACCUSED ----------------------------------- MOLY @ MOLY STEPHEN, AGED 35 YEARS W/O.LATE BABU, ANICKAL HOUSE PANAGADU AMSOM ,DESOM, KOYILANDI TALUK KOZHIKODE DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S)/COMPLAINANT -------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. THE EXCISE INSPECTOR BALUSSERY EXCISE RANGE O.R NO.26 OF 2009 BALUSSERY,KOZHIKODE. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * Bail Application No. 6114 of 2010 * * * * * * * * * * * * * * * * * * DATED: 6th day of October, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 1st accused in O.R.No.26/2009 of Balussery Excise Range for an offence punishable under Section 8(1) and (2) of the Abkari Act for allegedly having been found in possession of four 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. dmb