IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 Bail Appl..No. 8406 of 2010() ----------------------------------------- CRIME NO.27/2010 OF ARYANADU EXCISE RANGE, THIRUVANANTHAPURAM ................... PETITIONER/ACCUSED --------------------------------- VIJAYAN, S/O.KANNAN JOHNSON, ROADARIKATHU VEEDU, KADUVAKUZHY, UZHAMALAKKAL VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) RESPONDENT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.27 OF 2010 OF ARYANADU EXCISE RANGE). BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. -------------------------------- Bail Application No. 8406 of 2010 -------------------------------- Dated this the 6th day of January, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No.27 of 2010 of Aryanadu Excise Range for offences punishable under sections 8(1) and 2 of the Abkari Act for allegedly having been found in possession of three litres of illicit 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 . V.RAMKUMAR, JUDGE. rv