IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 Bail Appl..No. 1320 of 2011() ------------------------------------------ (CR.NO.2/2011 OF KUMBLA EXCISE RANGE, KASARAGOD DISTRICT) ................ PETITIONER:ACCUSED: ----------------------------------------- GANESH NAIK, AGED 38 YEARS, S/O.BALAKRISHNA NAIK, R/AT.NAIKAPU, KOIPADY VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------------ 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, (CR.2/2011 OF KUMBALA EXCISE RANGE), KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. -------------------------------- Bail Application No.1320 of 2011 -------------------------------- DATED: 17.02.2011 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.2/2011 of Kumbla Excise Range for an offence punishable under sec.55(a) of the Abkari Act for allegedly having been found in possession of 21.6 litres of IMFL, 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 . Dated this the 17 th day of February, 2011. V.RAMKUMAR, JUDGE sj