IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Bail Appl..No. 5354 of 2010 (B ) ----------------------------- (CP146./2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,KOTTARAKKARA) ( C.R.119/2008 OF EZHUKONE EXCISE RANGE) . .................... PETITIONER/2ND ACCUSED ------------------------------------------ SASI, S/O. BHASKARAN, MANJU BHAVAN, ARYANCODU, MANIKANTESWARAM, MUTTARA MURI, ODANAVATTOM VILLAGE, KOTTARAKKARA TALUK. BY ADVS. SRI. SIJU KAMALASANAN SRI. MUHAMMED RAFI SMT.BINDU GEORGE RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EZHUKONE EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR, SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION, ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. -------------------------------- Bail Application No.5354 of 2010 -------------------------------- DATED: 09.09.2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in C.R. No.119/2008 of Ezhukone Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 10 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