IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 Bail Appl..No. 269 of 2011() --------------------------------------- CR NO.46/2010 OF THAMARASSERY EXCISE RANGE, KOZHIKODE. ...................... PETITIONER: -------------------- OMANA, W/O.LATE BABU, AGED 43 YEARS, POOVANMALA HOUSE, CHAMMAL P.O., THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.LUIZ GODWIN D'COUTH RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, THAMARASSERY EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ---------------------------------------------- Bail Application No.269 of 2011 ----------------------------------------------- Dated this the 19th day of January, 2011 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioner who is the sole accused in C.R.No.46 of 2010 of Thamarassery Excise Range, Kozhikode, for an offence punishable under Section 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 5 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 Bail Appln.No.269/2011 -:2:- 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