IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Bail Appl..No. 1980 of 2009() ----------------------------- CP.30/2009 of J.M.F.C., ADOOR CRIME NO. 63/2003 of EXCISE CIRCLE OFFICE, ADOOR .................... PETITIONER/ACCUSED:- ---------------------------- RATHNAMMA, AGED 54 YEARS, D/O. PARAMU, PRADEEP BHAVANAM, PAZHAKKULAM PADINJARU MURI, PALLICKAL VILLAGE, ADOOR TALUK. BY ADV. MR. SAKIR.K.H. RESPONDENT/ COMPLAINANT:- ---------------------------------- THE STATE OF KERALA THROUGH THE EXCISE INSPECTOR, EXCISE CIRCLE OFFICE, ADOOR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------------------------ Bail Application No. 1980 of 2009 ---------------------------------------------------- Dated this the 6th day of April, 2009. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 63 of 2003 of Excise Circle Office, Adoor for offences punishable under Sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 800 ml 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 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 27th day of March, 2009. V.RAMKUMAR, JUDGE. rv