IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Bail Appl..No. 1579 of 2008() ----------------------------- O.R. NO. 84 OF 2007 OF SULTHAN BATHERY EXCISE RANGE PETITIONER/ACCUSED ------------------------- SUBHASH CHANDRA BOSE, S/O.NARAYANAN CHETTY, NARANGAPURAYIL HOUSE, CHEERAL VILLAGE, NAMBIARKUNNU P.O., SULTHAN BATHERY, WYANAD DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENTS: STATE ------------------ 1. THE EXCISE INSPECTOR, SULTHAN BATHERY EXCISE RANGE. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1579 OF 2008 -------------------------------- DATED: 13-03-2008 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner is the accused in O.R. 84 of 2007 of Sulthan Bathery Excise Range for an offence punishable under Sec. 55(g) of the Abkari Act for allegedly having been found in possession of 35 litres of wash jaggery and other products used for making 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. ani B.A.No. 2