IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Bail Appl..No. 6991 of 2010() -------------------------------------------- CRIME NO.28/2009 OF EZHUKONE EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- PRASANNA, D/O. SUMATHI, AGED 52 YEARS, SREDEVI MANDIRAM, EDAKUNNU MURI, PAVITHRESWARAM VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, EZHUKONE EXCISE RANGE, KOTTARAKARA, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No.6991 of 2010 -------------------------------- DATED: 09.11.2010 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.28/2009 of Ezhukone Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 2 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. sj