IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Bail Appl..No. 8748 of 2010() ----------------------------------------- (CRIME NO.85/10 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DISTRICT) ....... PETITIONER(S): ACCUSED: ------------------------------------------ SUMA, AGED 30 YEARS, D/O.KUNJAMMA, NALUKETTUM KAVALA COLONY, THEKKEKARA KIZHAKKU MURI, PALLIPPAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.R.VIBHU RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, KARTHIKAPPALLY RANGE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------------------------------ Bail Application No.8748 of 2010 -------------------------------------------------------- Dated this the 13th day of January, 2011 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioner who is the accused in Crime No.85 of 2010 of Karthikappally Excise Range for an offence punishable under Section 55(g) of Kerala Abkari Act for allegedly having been found in possession of 90 litres of wash, 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. V.RAMKUMAR, JUDGE. skj