IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Bail Appl..No. 1576 of 2008() ----------------------------- CRIME NO.37/2002 OF KUMBLA EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- RAMACHANDRA, S/O.AITHAPPA, KUNJATHURA, KUCHIKAD, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ----------------------------------------------------------------- 1. THE EXCISE INSPECTOR, KUMBLA EXCISE RANGE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------------------------ Bail Application No. 1576 of2008 ------------------------------------------------ DATED: 14.03.08 O R D E R Petitioner who is the accused in Crime No.37 of 2002 of Kumbala Excise Range seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Since the contraband substance involved is 7.5 litres of IMFL of which one bottle containing 375 ml of IMFL alone was sent for analysis, in the light of the decision Krishnankutty v. State of Kerala ( 2005(3) KLT 568), the petitioner has a chance for acquittal and therefore he shall be released on bail on appropriate conditions. Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate having jurisdiction and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and file an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same date on which it is filed. This application is disposed of as above. V.RAMKUMAR, JUDGE. sj