IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 Bail Appl..No. 1375 of 2011() ----------------------- Crime No. 9 of 2010 of Badiadka Range, Kasaragod District Petitioner/accused --------------- Devaki, W/o. Late Pakkeeran, Cheenappadi Desom, Adhoor Village, Kasaragod Taluk and District BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): ------------- State of Kerala, represented by the Public Prosecutor High Court of Kerala, Ernakulam (Cr. No. 9 of 2010), Badiadka Range, Kasaragod District. Public Prosecutor Sri. C.S. Hrithwik THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1375 of 2011 -------------------------------- DATED: 18-02-2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the sole accused in Crime No. 9 of 2010 of Badiadukka Range, Kasaragod District for an offence punishable under Section 8 (1) and (2) of theAbkari Act, for having been found carrying 2 litres of arrack in a plastic cannas, 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 19th day of February, 2011. V.RAMKUMAR, JUDGE ani/