IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Bail Appl..No. 5338 of 2010() --------------------------------------- CRIME NO.42/2010 OF KASARAGOD EXCISE RANGE. ......... PETITIONER/ACCUSED NO.2 ------------------------------------------- K.CHANDRASHEKHARA, AGED 60 YEARS, S/O.LATE SOMAPPA POOJARI, R/AT ADKATHBAIL SCHOOL, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, (CRIME NO.42/2010 OF KASARAGOD EXCISE RANGE), KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. -------------------------------- Bail Application No.5338 of 2010 -------------------------------- Dated this the 8th day of September, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in Crime No. 42 of 2010 of Kasaragod Excise Range for an offence punishable under sec. 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 14 liters 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. sou.