IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Bail Appl..No. 3610 of 2011() ------------------------ Crime No. 43 of 2010 of Noornadu Excise Range, Alappuzha ACCUSED -------- VISWABHARAN, S/O.KRISHNAN, CHERUMALATHEKKETHIL, CHERUMALA COLONEY, VETTIYAR, MAVELIKKARA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY EXCISE INSPECTOR, NOORNADU. Public Prosecutor Sri. M.S. Breeze THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 3610 of 2011 -------------------------------- DATED: 24th May, 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. 43 of 2010 of Noornadu Excise Range, Alappuzha District for an offence punishable under Sec. 8 (1) and (2) of the Abkari Act, for having been found in possession of 800 ml. 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 three 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 24th day of May, 2011. Sd/-V.RAMKUMAR, JUDGE. /true copy/ P.S. to Judge