IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Bail Appl..No. 2435 of 2011() ----------------------------- C.R.No.11/2006 OF PATTAMBI EXCISE RANGE PETITIONER: ACCUSED NO.1 ------------------------- KRISHNA DAS, AGED 38 YEARS, S/O. RAMACHANDRAN, KUNNUMMEL VEEDU, KOZHIKOTTIRI.P.O, PATTAMBI VIA, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR, PATTAMBI EXCISE RANGE. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2435 of 2011 ------------------------------------------------ Dated this the 1st day of April, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is accused No.1 in C.R.No.11 of 2006 of Pattambi Excise Range for offences punishable under Sections 12(1), 55(g) & 64-A of the Abkari Act for allegedly having been found in possession of 160 litres of wash, 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 1st day of April, 2011. V.RAMKUMAR, JUDGE. skj