IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 6432 of 2009() ----------------------------- CRIME NO. 346/2009 of MAVELIKKARA POLICE STATION PETITIONER/ACCUSED: -------------------------- SADANANDAN, S/O.SUKUMARAN, POIKAYIL KIZHAKKETHIL, KALLIMEL MURI, THAZHAKKARA VILLAGE, MAVELIKKARA TALUK. BY ADV. MR. RINNY STEPHEN CHAMAPARAMPIL MS. ASHA ELIZABETH MATHEW RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REPE.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.346 OF 2009 OF MAVELIKKARA POLICE STATION). ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Bail Application No. 6432 of 2009 ===================== Dated this the 23rd day of March, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 346 of 2009 of Mavelikkara Police Station for an offence punishable under section 55(h)(i) of the Abkari Act for allegedly having been found in possession of 8 bottles of beer each containing 650 ml of beer, 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. I am not satisfied that both the grounds enumerated under Section 41- A(b)(ii) of the Abkari Act are present in this case so as to justify the release of the petitioner on bail. 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 B.A.No.6432/2009 2 it is filed bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 21. With the above observation this Application is disposed of . Dated this the 23rd day of March, 2010. V.RAMKUMAR, JUDGE. rv