IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Bail Appl..No. 10090 of 2011() ------------------------------ (CRIME NO:136/2009 IN EXCISE RANGE KARUNAGAPPALLY) ............................ PETITIONER/ACCUSED: -------------------------------------- SANKARAN, PUTHEN PURAYIL, AZHEEKKAL ALAPPAD, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.M.R.SASITH RESPONDENT/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. EXCISE CIRCLE INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY. R1 AND R2 BY PUBLIC PROSECUTOR SMT R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KVS V.RAMKUMAR, J. ------------------------------- Bail Appln.No.10090 of 2011 -------------------------------- Dated this the 19th day of December, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in Crime No.136 of 2009 of Karunagappally Excise Range for offences punishable under Sections 55(a), 55(i) and 58 of the Abkari Act for allegedly having been found in possession of 17 bottles of Indian Made Foreign Liquor (each bottle containing 375 ml.), 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 . Dated this the 19th day of December, 2011. V.RAMKUMAR, JUDGE skj