IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 Bail Appl..No. 451 of 2009() ---------------------------- C.R. NO. 39/2008 of KUTTANAD EXCISE RANGE PETITIONER/ACCUSED:- -------------------- M.P. PRASAD, AGED 42, S/O. PADMANABHAN, MANNARUPARAMBIL SOBHA BAHVAN, WARD NO. X, THALAVADY, ALAPUZHA DIST. BY ADV. MR. R.KRISHNAKUMAR (CHERTHALA) RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA, REP. BY THE EXCISE INSPECTOR, EXCISE RANGE, KUTTANAD (CR NO. 39 OF 2008) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Bail Application No. 451 of 2009 ===================== Dated this the 3rd day of March, 2009 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. 39 of 2008 of Kuttanad Excise Range for an offence punishable under section 8(1) and (2) of the Abkari Act for allegedly having been found in possession of two liters 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. I am not satisfied that both the grounds enumerated under Section 41- A(b)(ii) of the Abkari Act are present in this case so as to justify the release of the petitioner on bail. 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 B.A.No. 451/2009 2 it is filed bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 21. With the above observation this Application is disposed of . Dated this the 3rd day of March, 2009. V.RAMKUMAR, JUDGE. rv