IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Bail Appl..No. 7772 of 2010() ------------------------------------------ (CR.NO.20/2010 OF THIRUVALLA EXCISE RANGE, PATHANAMTHITTA DISTRICT) .................. PETITIONER/ACCUSED: -------------------------------------- RADHAMANY, W/O.K.R.SIVAN, KOZHIMALA HOUSE, KOZHIMALA P.O., VALLAMKULAM. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ----------------------------------- Bail Application No.7772 of 2010 ------------------------------------ DATED: 24.01.2011 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.20/2010 of Thiruvalla Excise Range for an offence punishable under Section 55(i) of the Abkari Act for allegedly having been found in possession of 1 litre of IMFL , 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 . Dated this the 24 th day of January, 2011. V.RAMKUMAR, JUDGE sj