IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Bail Appl..No. 5173 of 2010() ----------------------------------------- CRIME NO.81/1999 OF MANJESHWARAM POLICE STATION, KASARAGOD DIST. ..................... PETITIONER/ACCUSER --------------------------------- AHAMMED BASHEER, AGED 35 YEARS, S/O.K.P. ALIKUTTY, R/AT FATHIMATH ZAINABI MANZIL, KUNJATHUR, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. * * * * * * * * * * * * * Bail Application No.5173 of 2010 * * * * * * * * * * * * * * * * * * DATED: 31st day of August, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in Crime No.81/1999 of Manjeshwar Police Station for an offence punishable under Section 55 (a) of the Abkari Act for allegedly having been found in possession of 130 liters of IMFL, 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