IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Bail Appl..No. 6712 of 2010() ------------------------------------------- (Cr. OR NO.28/2010 OF EXCISE RANGE OFFICE, THIRUVANANTHAPURAM) ......... PETITIONER/ACCUSED: -------------------------------------- THANKAM, D/O.ELSAMMA, OLIPPUVILA VEEDU, POONKULAM, KALLIYYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. -------------------------------- Bail Application No. 6712 of 2010 -------------------------------- DATED: 28th day of October, 2010 O R D E R In this Petition filed under Sec.438 Cr.P.C. the petitioner, who is the sole accused in Cr.OR.28/2010 of Thiruvananthapuram Excise Range for an offence punishable under Section 55(a) and (i) of the Abkari Act for allegedly having been found in possession of 2.955 litres of foreign liquor, 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. dmb