IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Bail Appl..No. 2375 of 2011() ----------------------------- C.R. NO. 17/2009 OF BADIADKA EXCISE RANGE PETITIONER/ACCUSED:- --------------------------- SUMITHRA, W/O.JANARDHANAN, RESIDING AT PANDI DESOM, ADOOR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CR NO.17/2009 OF BADIADKA EXCISE RANGE, KASARAGOD DISTRICT). ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 2375 of 2011 -------------------------------- Dated this the 31st day of March, 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.17 of 2009 of Badiadka Excise Range, Kasaragod for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of five 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.