IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 Bail Appl..No. 1783 of 2011() ------------------------- CRIME NO. 3/CR/TVM/06 OF CBCID, THIRUVANANTHAPURAM ..................... PETITIONERS / ACCUSED : --------------------------------------- 1. NELSON, AGED 47 YEARS, S/O.JOSEPH, MELVIDALAM, KARINGAL, UDAYAMARTHANDAM P.O., KANYAKUMARI DISTRICT, PULLUVILA, KANJIRAMKULAM. 2. SEMON, S/O.ERANIYOS, AGED 58 YEARS, PEERIPILLA VILAKOM PURAYIDAM, PULLUVILA, KANJIRAMKULAM. 3. FRANCIS, S/O.CYRIL, AGED 37 YEARS, PULLUVILA, IRAYAMMANTHURAI, KANJIRAMKULAM. BY ADV. SRI.G.SUDHEER RESPONDENT / COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.1777 of 2011 ------------------------------------------------ Dated this the 11th day of March, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in Crime No.39 of 2011 of Agali Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 40 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 11th day of March, 2011. V.RAMKUMAR, JUDGE. skj