IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Bail Appl..No. 7135 of 2010() ------------------------------------------ (CRIME NO.81/2010 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DISTRICT) ........... PETITIONER/2ND ACCUSED: ------------------------------------------ THANKAMMA, W/O.PADMAKARAN, AMBALIKA BHAVAN, NEENDOOR MURI, PALLIPPAD VILLAGE. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. BY EXCISE INSPECTOR, KARTHIKAPPALLY RANGE. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7135 of 2010 ------------------------------------------------ Dated this the 11th day of November, 2010 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is accused No.2 in Crime No.81 of 2010 of Karthikappally Excise Range for an offence punishable under Section 58 of the Abkari Act for allegedly having been found in possession of 12.5 litres of illicit coloured 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 Bail Appln.No.7135/2010 : 2 : shall be considered and disposed of preferably on the same day on which it is filed bearing in mind the decision in Sukumari Vs. State of Kerala - 2001 (1) KLT 22. With the above observation this Application is disposed of. V.RAMKUMAR, JUDGE skj