IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Bail Appl..No. 3247 of 2008() --------------------------------- CRIME NO. 142/2008 of MANJESWAR POLICE STATION PETITIONER: 2ND ACCUSED: ----------------------------- FRANCIS TELIS, S/O.LATHAN TELIS, METTUGUDE HOUSE, KOLIYUR P.O., MANJESHWAR, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Bail Application No. 3247 of 2008 ===================== Dated this the 22nd day of May, 2008 O R D E R Petitioner who is the 2nd accused in Crime No. 142 of 2008 of Manjeswar Police Station for offences punishable under sections 55(a) and 55(g) of the Abkari Act for allegedly having been found in possession of 7500 packets each of 100 ml of Karnataka made arrack in the house belonging to his father, the 1st accused 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. I am not satisfied that both the grounds enumerated under Section 41- A(b)(ii) of the Abkari Act are present in this case so as to justify the release of the petitioner on bail. 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 B.A.No.3247/2008 2 it is filed bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 21. With the above observation this Application is disposed of . V.RAMKUMAR, JUDGE. rv