IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Bail Appl..No. 6858 of 2010() ---------------------------- CRIME NO. 541/2010 OF ELOOR POLICE STATION, ERNAKULAM ......................................... PETITIONER / ACCUSED : ---------------------------------- LIBIN, AGED 33 YEARS S/O.GOPALAKRISHNAN, KUMBALAMPILLY, CHOTTANIKKARA, KURIKKAD PO, ERNAKULAM. BY ADV. SRI.S.RAJEEV RESPONDENT / COMPLAINANT : ---------------------------------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.541/2010 ELOOR POLICE STATION ERNAKULAM DISTRICT) BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. -------------------------------- Bail Application No. 6858 of 2010 -------------------------------- DATED: 01.11.2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 4th accused in Crime No.541/2010 of Eloor Police Station for offences punishable under sections 8(1) and (2) read with 55(a) of the Abkari Act for allegedly having been found in possession of 450 litres of spirit, 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