IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Bail Appl..No. 4852 of 2010() ----------------------------- CR.NO.11/2010 OF PARALI EXCISE RANGE CRMP.2282/2010 of DISTRICT COURT, PALAKKAD .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- GOPI, S/O.KRISHNAN, AGED 27 YEARS, AATTINGAL HOUSE, THIRUVALATHUR P.O., KALLINGAL, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PARALI EXCISE RANGE, PALAKKAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No.4852 of 2010 -------------------------------- DATED: 31.08.2010 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.11/2010 of Parali Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 704 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. 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. sj