IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Bail Appl..No. 3922 of 2011() ---------------------------------- (CRIME NO.6/2010 OF KASARAGODE EXCISE RANGE) ....... PETITIONER/ACCUSED ---------------------------- M.ISWARA NAIK, S/O.PAKEERA NAIK, AGED 42 YEARS, BELLORADKA, BELA VILLAGE, KASARAGODE TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------- 1. THE EXCISE INSPECTOR, KASARAGODE EXCISE RANGE - 671 314. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3922 of 2011 ------------------------------------------------ Dated this the 1st day of June, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in C.R.No. 6 of 2010 of Kasaragod Excise Range for offences punishable under Sections 55(a) and 8 (1) & (2) of the Abkari Act for allegedly having been found in possession of 5 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 . Dated this the 1st day of June, 2011. V.RAMKUMAR, JUDGE. skj