IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Bail Appl..No. 1154 of 2009() ----------------------------- C.R.NO.83/2005 OF CHADAYAMANGALAM EXCISE RANGE PETITIONER (S): ACCUSED:- -------------------- SREEKUMAR, AGED 43 YEARS, S/O.RAGHAVAN NAIR, SREEJA BHAVAN, AMBALAKKARA MURI, UMMANNOOR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 4-3-2009, THE COURT ON 04/03/2009 PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1154 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 4th day of March, 2009 In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in C.R.No.83/2005 of Chadayamangalam Excise Range for an offence punishable under section 8(2) of the Abkari Act for allegedly having been found in possession of 10 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. 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 it is filed bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 21. BA 1154/09 -2- 4. With the above observation this application is disposed of . V. RAMKUMAR, JUDGE. mn.