IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Bail Appl..No. 8005 of 2010() ---------------------------------------- ( CRIME NO. 25/2009 OF EXCISE RANGE CHITTUR, PALAKKAD DISTRICT) C.P.NO. 89/2010 OF JUDICIAL 1ST CLASS MAGISTRATE COURT CHITTUR, PALAKKAD DISTRICT -------------------- PETITIONER/ACCUSED ------------------------------------ DINO THOMAS, AGED 27 YEARS, S/O. M.G.THOMAS, MANALIPPARAMBIL HOUSE, THURAVOOR.P.O., ANGAMALY-683586. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE, CHITTUR. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8005 of 2010 ----------------------------------------------------- Dated this the 10th day of December, 2010 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioner who is the accused in Crime No.25 of 2009 of Chittur Excise Range, for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 540 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 Bail Appln.No.8005/2010 : 2 : 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 skj