IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Bail Appl..No. 3094 of 2011() ------------------------------------------ C.R. NO.79/2011 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM DISTRICT ....... PETITIONER/ACCUSED -------------------------------------- SUNIL KUMAR, S/O.PURUSHAN, AGED 37 YEARS, KITTIVILA PADINJATTATHIL, KADAPPAMURI, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENT(S): ----------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR OF POLICE, SASTHAMCOTTA EXCISE RANGE THORUGH POLICE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3094 of 2011 ------------------------------------------------ Dated this the 3rd day of May, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in C.R.No.79 of 2011 of Sasthamcotta Excise Range for an offence punishable under Section 55(i) of the Abkari Act for allegedly having been found in possession of 800 ml. of Indian Made Foreign Liquor, 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 3rd day of May, 2011. V.RAMKUMAR, JUDGE. skj