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. 6407 of 2010() ----------------------------------------------- CRIME NO.601/2010 OF KOLLAM WEST POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.4591/2010 .................... PETITIONER/A3 ---------------------------- VIJAYAKUMAR @ OMANAKUTTAN AGED 38, S/O. BALAKRISHNAN, THOTTUMKARA VEEDU, AYATHIL.P.O., KOLLAM-17. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KOLLAM WEST POLICE STATION, (CRIME 601/2010) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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.6407 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 3rd accused in Crime No.601/2010 of Kollam West Police Station for offences punishable under Sections 55(a)(i), 57A and 58 of the Abkari Act for allegedly having been found in possession of 7 litres of spirit and 35 litres of toddy mixed with 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 9th day of November, 2010. V.RAMKUMAR, JUDGE. sj