IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Bail Appl..No. 6914 of 2010(S) ------------------------------ CRIME No.10/2010 of AGALI EXCISE RANGE PETITIONER/ACCUSED :- ---------------------------------- SMT.NITHYA, AGED 20, W/O.RANGASWAMY, VALAIYAR COLONY, KOTTATHARA VILLAGE, MANNARKKAD TALUK. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S)/STATE :- ----------------------------------- THE STATE OF KERALA, REPRESENTED BY EXCISE RANGE OFFICER, AGALI EXCISE RANGE OFFICE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. -------------------------------- Bail Application No. 6914 of 2010 -------------------------------- DATED: 2nd day of November, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the sole accused in C.R. No.10/2010 of Agali Excise Range for an offence punishable under Section 8(1) and (2) of the Abkari Act I of 1077 for allegedly having been found in possession of 1.5 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 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. dmb