IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Bail Appl..No. 5468 of 2010() --------------------------- CRIME NO. 597/10 OF NILESHWAR POLICE STATION, KASARAGOD ........................................................ PETITIONER / ACCUSED : ---------------------------------- SAJEEVAN M.P., S/O.NARAYANAN, KANDATHIL VEDU, MUNDEMMAD, NILESHWAR VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT / COMPLAINANT : -------------------------------------------- THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5468 of 2010 ------------------------------------------------ Dated this the 15th day of September, 2010 ORDER In this petition filed under Section 438 Cr.P.C. the petitioner who is the accused in Crime No.597 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 40 bottles of Indian Made 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 Bail Appln.No.5468/2010 : 2 : 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