IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 Bail Appl..No. 7198 of 2010(F) ----------------------------------------- [CRIME NO.56/2010 OF KARTHIKAPPALLY EXCISE RANGE, ALAPUZHA DISTRICT] ................ PETITIONER/ACCUSED: ---------------------------------- DAYANANDAN, LEKSHAM VEEDU COLONY, MANGALAM, MANGALAM MURI, ARATTUPUZHA VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN. RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. -------------------------------- Bail Application No. 7198 of 2010 -------------------------------- Dated this the 29th day of November, 2010. 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.56 of 2010 of Karthikappally Excise Range for an offence punishable under section 8(i)(ii) of the Abkari Act for allegedly having been found in possession of 375 ml of IMFL and 300 ml of coloured 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. rv