IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 Bail Appl..No. 878 of 2009() ---------------------------- CRMP.270/2009 of DISTRICT COURT, WAYANAD CRMP. NO. 140/2009 of SESSIONS COURT, WAYANAD CRIME NO. 334/2008 of MEENANGADI POLICE STATION .................... PETITIONER/ ACCUSED NO.9: --------------------------------- HAMZA, S/O.ABDULLAKUTTY, AGED 33 YEARS, ANJALI HOUSE, KUPPADI P.O., SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. MR. JIJO PAUL RESPONDENT/ STATE: --------------------- THE STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, MEENANGADI POLICE STATION, THROUGH-THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Bail Application No. 878 of 2009 ===================== Dated this the 5th day of March, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 9th accused in Crime No. 334 of 2008 of Meenangadi Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 1702 liters of spirit 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. 878/2009 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 5th day of March, 2009. V.RAMKUMAR, JUDGE. rv