IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3259 of 2011() ---------------------------------------- CRIME NO.34/2011 OF THE THIRUVANANTHAPURAM EXCISE RANGE. ............. PETITIONER/ACCUSED -------------------------------------- UDAYA KUMAR,KIZHAKKEVILA VEEDU, NEAR KARSHIKA COLLEGE,KALLIYOOR, NEYYATTINKARA. BY ADV. SRI.SYAM J SAM RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. -------------------------------- Bail Application No. 3259 of 2011 -------------------------------- DATED: 06.05.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the sole accused in Crime No.34/2011 of Thiruvananthapuram Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 16 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 . Dated this the 6 th day of May, 2011. V.RAMKUMAR, JUDGE sj