IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Bail Appl..No. 3052 of 2010() ----------------------------- C.R.NO.58/2008 OF THAMARASSERY EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- LEELA, W/O.BALAN, AGED 48 YEARS, THARIPPAPOYIL, PUTHUPPADY AMSOM, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, THAMARASSERY EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No.3052 of 2010 -------------------------------- DATED: 2.08.2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in C.R. No.58/2008 of Thamarassery Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 2.5 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 . V.RAMKUMAR, JUDGE. SJ