IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Bail Appl..No. 3271 of 2008() --------------------------------- CRIME NO. 136/2008 of THENMALA POLICE STATION PETITIONER/ACCUSED --------------------------- KUNJU,S/O.RAVEENDRAN, SAJJU BHAVAN,VELLACHAL, URUKUNNU, THENMALA VILLAGE. BY ADV. SRI.R.ARUN RAJ RESPONDENT/COMPLAINANT: --------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, THENMMALA POLICE STATION,THENMALA,(CRIME NO.136 OF 2008) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Bail Application No. 3271 of 2008 ===================== Dated this the 22nd day of May, 2008 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No.136 of 2008 of Thenmala Police Station for offences punishable under sections 55(a) and (b) of the Abkari Act for allegedly having been found in possession of 10 bottles of Haywards beer each bottle containing 650 ml of beer, 2 bottles of Contessa XXX rum each bottle containing 375 ml of Rum and one bottle of Bagpiper XXX rum containing 180 ml of rum , 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. I am not satisfied that both the grounds enumerated under Section 41- A(b)(ii) of the Abkari Act are present in this case so as to justify the release of the petitioner on bail. 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 B.A.No.3271/2008 2 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 21. With the above observation this Application is disposed of . V.RAMKUMAR, JUDGE. rv