IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Bail Appl..No. 7596 of 2010 -------------------------------------- [CR.NO.63/2010 OF PATHANAMTHITTA EXCISE RANGE, PATHANAMTHITTA DISTRICT] ............ PETITIONER/ACCUSED: ---------------------------------- SHAMALA,AGED 40 YEARS,W/O.SUKUMARAN, BLOCK NO.69,EZHIKKADU HARIJAN COLONY,KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,KOZHENCHERRY. BY ADV. SRI.AJITH MURALI. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. -------------------------------- Bail Application No. 7596 of 2010 -------------------------------- DATED: 19th November, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in Crime No. 63 of 2010 of Pathanamthitta Excise Range, for offences punishable under Section 8 (1) and (2) of the Abkari Act, 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 Bail Application No. 7596 of 2010 -:2:- 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 19th day of November, 2010. V.RAMKUMAR, JUDGE.