IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Bail Appl..No. 10693 of 2011() ------------------------------------------- CRIME NO.96/2011 OF KAYAMKULAM EXCISE RANGE, ALAPPUZHA DISTRICT --------------------------------------- PETITIONER/ACCUSED -------------------------------------- UDAYAN, S/O.GOPALAN, DEEPA BHAVAN, AARATTUPUZHA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANTS ---------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH EXCISE INSPECTOR, KAYAMKULAM EXCISE RANGE. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. -------------------------------- Bail Application No.10693 of 2011 -------------------------------- DATED: 19.12.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the accused in Crime No.96/2011 of Kayamkulam Excise Range for offences punishable under sections 8(1) and (2) of the Abkari Act 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 sj The words “Kayamkulam Excise Range” occurring in the second line of first paragraph of the final order dated 19.12.2011 in B.A.No.10693/2011 are corrected and substituted as “Karthikappally Excise Range” as per order dated 01/02/2012 in Crl.M.A.No.97/2012 in B.A.No.10693/2011.