IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Bail Appl..No. 6833 of 2010() ----------------------------------------- (CRIME NO.643/2010 OF NILESHWAR POLICE STATION, KASARAGOD DISTRICT) ........ PETITIONER(S): ACCUSED 2 & 3: --------------------------------------------------- 1. SREEJITH N.K., S/O.KOTTAN, AGED 26 YEARS, RESIDING AT KALICHANADUKAM HOUSE, THAYANNUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. ANILKUMAR V., S/O.NARAYANAN, AGED 28 YEARS, RESIDING AT KALICHANADUKAM HOUSE, THAYANNUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE: --------------------------------------- THE STATION HOUSE OFFICER, NILESHWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. -------------------------------- Bail Application No. 6833 of 2010 -------------------------------- Dated this the 18 th day of November, 2010. O R D E R In this Petition filed under Sec. 438 Cr.P.C., petitioners who are accused Nos. 2 and 3 in Crime No. 643 of 2010 of Nileshwar Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 28 bottles of Indian made foreign liquor each bottle containing 500 ml seek 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 petitioners' contention that the petitioners have been falsely implicated. There is no reason why the petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file 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