IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 Bail Appl..No. 1094 of 2011() ---------------------------------- (C.R. NO.9/2010 OF BANDADKA EXCISE RANGE, KASARAGOD DISTRICT) ..... PETITIONER/ACCUSED -------------------------- YESODA.M, W/O.BALACHANDRAN, BAVIKKARADUKKAM, KOLATHUR VILLAGE AND POST, KASARAGOD DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REPRESENTED BY (INSPECTOR OF EXCISE BANDADKA RANGE)THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------------------------------ Bail Application No.1094 of 2011 -------------------------------------------------------- Dated this the 18th day of February, 2011 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioner who is the accused in C.R.No.9 of 2010 of Bandadka Excise Range, Kasaragod for an offence punishable under Section 55 (g) of Abkari Act for allegedly having been found in possession of 15 litres of wash, 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 18th day of February, 2011. V.RAMKUMAR, JUDGE. skj