IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Bail Appl..No. 8529 of 2010() -------------------------------------- CR. NO.68/2010 OF THE HOSDURG EXCISE RANGE, KASARAGOD DISTRICT. ....... PETITIONER/ACCUSED -------------------------------------- VINOD KUMAR.N, S/O.T.K.NARAYANAN, AGED 29 YEARS, VILLYARAMPATHI, P.O. PERIYA, HOSDURG TALUK, KASARAGOD DIST. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPAINANT --------------------------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, HOSDURG EXCISE RANGE, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------------------------------ Bail Application No.8529 of 2010 -------------------------------------------------------- Dated this the 11th day of January, 2011 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioner who is the accused in C.R.No.68 of 2010 of Hosdurg Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 936 bottles of Indian Made Foreign Liquor, 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 Bail Appln.No.8529/2010 2 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. skj