IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Bail Appl..No. 1586 of 2008 ----------------------------- C.R.NO. 7 OF 2007 OF KODUNGLLUR EXCISE RANGE PETITIONER/PETITIONER -------------------------------------- K.M.RASHEED, S/O. MUHAMMED, KAKKENGAL (H), PAPPINIPPARA, MANJERI P.O., NOW RESIDING AT PANDIYAD, KARAKUNNU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682 031. 2. THE EXCISE INSPECTOR, KODUNGALLOOR RANGE, KODUNGALLOOR P.O., THRISSUR DISTRICT. 3. THE ASST. EXCISE COMMISSIONER, THRISSUR. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1586 OF 2008 -------------------------------- DATED THE 13TH DAY OF MARCH 2008 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in C.R. No.7 of 2007 of Kodungallur Excise Range for an offence punishable under section 55(A) and 67(B) of the Abkari Act for allegedly having been found in possession of 16.500 litres of I.M.F.L. 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. ks. ani