IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 Bail Appl..No. 208 of 2011() ----------------------------------------- CR.NO.95/2010 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT) ...... PETITIONER/ACCUSED: -------------------------------------- VASANTHA.P., AGED 42 YEARS, NELLIVILA VEEDU, PARANTHODE.P.O., ARYANAD, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. -------------------------------- Bail Application No. 208 of 2011 -------------------------------- Dated this the 18th 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 C.R. No. 95 of 2010 of Aryanad Excise Range for offences punishable under sections 8(i) and 8(ii) of the Abkari Act for allegedly having been found in possession of 3 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 . V.RAMKUMAR, JUDGE. RV