IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 Bail Appl..No. 959 of 2011() --------------------------------- (CRIME NO.59/2010 OF KUZHALMANNAM EXCISE RANGE, PALAKKAD DISTRICT) ...... APPLICANT/ACCUSED: --------------------------- CHANDRAN, AGD 38 YEARS, S/O.SANYASI, CHEMBANPULLY, KOTTALA, ALATHUR, PALAKKAD DISTRICT. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE ADVS. SRI.REVIKRISHNAN SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S): COMPLAINANT: --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR, KUZHALMANNAM EXCISE RANGE. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------------------------------ Bail Application No.959 of 2011 -------------------------------------------------------- Dated this the 14th day of February, 2011 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioner who is accused No.2 in Crime No.59 of 2010 of Kuzhalmannam Excise Range for an offence punishable under Section 8(2) of the Kerala Abkari Act for allegedly having been found in possession of 9 litres of arrack, 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. skj