IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Bail Appl..No. 4690 of 2011() --------------------------------- CR NO.23/2011 of KUMBALA EXCISE RANGE, KASARAGOD PETITIONER/ACCUSED:- --------------------------- SURESH POOJARY, AGED 38 YEARS, S/O.DERA POOJARY, PANDY VAYAL, HEROOR POST, KASARAGOD, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/ COMPLAINANT -STATE:- --------------------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE PREVENTIVE OFFICER, KUMBALA EXCISE RANGE, KUMBALA EXCISE RANGE, KASARAGOD DISTRICT REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 4690 of 2011 -------------------------------- Dated this the 22nd day of June, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in C.R. No.23 of 2011 of Kumbala Excise Range, Kasaragod for an offence punishable under sec. 55(a) of the Abkari Act for allegedly having been found in possession of five litres 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.