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. 4855 of 2010() ----------------------------- C.R.NO.39/2010 OF CHATHANNOOR EXCISE RANGE PETITIONER/ACCUSED NO.3 ------------------------------------------- ANIL CHANDRAN, AGED 39 YEARS, S/O.GOPALAN NAIR, SREE NILAYAM, S.V.NAGAR-205, AYATHIL.P.O., KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, CHATHANNOOR EXCISE RANGE, KOLLAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK 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. 4855 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 3rd accused in C.R. No.39/2010 of Chathannoor Excise Range for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 150 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