IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Bail Appl..No. 3648 of 2011() ----------------------------- CRIME NO.239/2011 OF VELLIKULANGARA POLICE STATION PETITIONER --------------- AJITH, S/O.PUSHPAKARAN, KATTIKULAM HOUSE, MATTATHOOR VILLAGE, CHUNGAL DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No.3648 of 2011 -------------------------------- DATED: 26.05.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the 1st accused in Crime No.239 of 2011 of Vellikulangara Police Station for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 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 . Dated this the 26th day of May, 2011. V.RAMKUMAR, JUDGE sj