IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Bail Appl..No. 8282 of 2010(A) ------------------------------------------ [CR.NO.13/2007 OF AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT] ............ PETITIONER/ACCUSED: ---------------------------------- SREEKUMAR, AGED 27 YEARS, S/O. RADHAKRISHNAN, PONGUVILAPUTHEN VEEDU, MANNAMCODE, MOOVERIKKARA, NARANI, KUNNATHUKAL.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, EERNAKULAM, REPRESENTING EXCISE INSPECTOR OF POLICE, AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. -------------------------------- Bail Application No. 8282 of 2010 -------------------------------- Dated this the 21st day of December, 2010. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in C.R. No.13 of 2007 of Amaravila Excise Range for offences punishable under sections 55(a) and 67B of the Abkari Act for allegedly having been found in possession of 426 litres of 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 . V.RAMKUMAR, JUDGE. rv