IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Bail Appl..No. 5483 of 2010() ------------------------------------------ (CRIME NO.37/2009 OF KUMBLA EXCISE RANGE, KASARAGOD DISTRICT) ..... PETITIONER/ACCUSED: -------------------------------------- GEETHA, AGED 30 YEARS, D/O.GANGADHARA, MANHILATHU HOUSE, HERROR P.O., MANGALPADY, KASARAGOD. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. THE INSPECTOR OF EXCISE, KUMBLA EXCISE RANGE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5483 of 2010 ------------------------------------------------ Dated this the 15th day of September, 2010 ORDER In this petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in Crime No.37/2009 of Kumbla Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 8 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 Bail Appln.No.5483/2010 : 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