IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Bail Appl..No. 1025 of 2009() ----------------------------- LP.43/2007 IN CP 65/2006 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER/ACCUSED:- ---------------------------- SHAJU, AGED 30 YEARS, S/O. PAPPACHAN, BAIJU BHAVAN, VALAKOM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. MR. K.V.ANIL KUMAR RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. S.U. NAZER, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Bail Application No. 1025 of 2009 ===================== Dated this the 26th day of February, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in C.R. No 36 of 2003 of Chadayamangalam Excise Range for offences punishable under sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 5 litres of arrack and about 5 litres of spirit 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. I am not satisfied that both the grounds enumerated under Section 41-A(b)(ii) of the Abkari Act are present in this case so as to justify the release of the petitioner on bail. 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 B.A.No.1025/2009 2 on which it is filed bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 21. With the above observation this Application is disposed of . Dated this the 26th day of February, 2009. V.RAMKUMAR, JUDGE. rv