IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Bail Appl..No. 6452 of 2010 (D) ----------------------------- ( CRMP.4262/2010 of D.C.& SESSIONS COURT,THODUPUZHA) (CRIME NO.24/10 OF THANKAMANY EXCISE RANGE, IDUKKI DISTRICT) .................... APPLICANT/ACCUSED ------------------------------------- SIBY, AGED 43 YEARS, S/O.JOHN, VALIYARAPPUKATU HOUSE, MURICKASSERY HOUSE, VATHIKUDY VILLAGE. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THANKAMANY. BY PUBLIC PROSECUTOR, SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6452 of 2010 ------------------------------------------------ Dated this the 18th day of October, 2010 ORDER In this petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in C.R.No.24 of 2010 of Thankamany Excise Range for offences punishable under Sections 55(i) & 58 of the Abkari Act for allegedly having been found in possession of 4.5 litres of Indian Made Foreign Liquor, 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 Bail Appln.No.6452/2010 : 2 : 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 skj