IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Bail Appl..No. 7099 of 2010() --------------------------------------- PETITIONER/ ACCUSED ---------------------------------- CHINGOLI RAJAN @ SIVARAJAN CHINGOLIL HOUSE,KOCHUMURI THEKU, KRISHNAPURAM VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.BIJU M.JOHN SRI. ABEY JOSEPH SRI. GEORGE JOSEPH SRI. VISAL KUMAR.V.G SRI. SANDEEP.B RESPONDENT(S): ------------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. -------------------------------- Bail Application No. 7099 2010 -------------------------------- Dated this the 16 th day of November, 2010. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No.64 of 2010 of Karunagapally Excise Range for an offence punishable under section 8(1), 8(2) & 67(B) of the Abkari Act for allegedly having been found in possession of 1 ½ 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. rv