IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 Bail Appl..No. 6271 of 2010() ----------------------------- CR.NO.5/2009 OF NILESHWAR EXCISE RANGE. C.P.NO.166/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG. .................... PETITIONER/ACCUSED ---------------------------------- SHANTHA. K., W/O. BHARATHAN, KATTIPPOIL, KINANOOR KARINTHALAM, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT/COMPLAINANT -------------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. -------------------------------- Bail Application No. 6271 of 2010 -------------------------------- DATED: 12-10-2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in C.R. No. 5 of 2009 of Nileshwar Excise Range for an offence punishable under Sec. 55 (a) of Abkari Act, and whose case is now pending before the J.F.C.M. II, Hosdurg as C.P. No. 166 of 2010, seeks anticipatory Bail. 2. The learned Public Prosecutor opposed the application. 3. Admittedly, non-bailable warrants of arrest are pending against the petitioner. 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