IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Bail Appl..No. 7656 of 2010() ---------------------------------- (CRIME NO. 25/2009 OF ALAKODE EXCISE RANGE OFFICE, KANNUR DISTRICT) .......... PETITIONER/ACCUSED ---------------------------- SREEMON @ SREEDHARAN, S/O.CHAMAN, AGED 27 YEARS, PULIKKIRI HOUSE, POTHUKUNDU, NADUVIL P.O., NADUVIL AMSOM DESOM, TALIPARAMB TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT -------------------------------------- STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH ALAKODE EXCISE RANGE OFFICE, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7656 of 2010 ------------------------------------------------ Dated this the 30th day of November, 2010 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in C.R.No.25 of 2009 of Alakode Excise Range for an offence punishable under Section 8(1)(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 Bail Appln.No.7656/2010 : 2 : same day on which it is filed bearing in mind the decision in Sukumari Vs. State of Kerala - 2001 (1) KLT 22. With the above observation this Application is disposed of. V.RAMKUMAR, JUDGE skj