IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Bail Appl..No. 4035 of 2010(B) ------------------------------------------ (CRIME NO. 121/06 OF KARUNAGAPPALLY EXCISE, KOLLAM DISTRICT) ........... PETITIONER/ACCUSED: ---------------------------------- UDAYABHANU ALIAS UDAYAN, S/O.KARUNAKARAN, RISHIMANGALATHU VEEDU, CLAPPANA VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI.N.VIMALAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEK CHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.4035 of 2010 ------------------------------------------------- Dated this the 4th day of August, 2010 ORDER In this Petition filed under Sec.438 Code of Criminal Procedure the petitioner who is the accused in Excise Crime No.121/2006 of Karunagappally Excise Range for an offence punishable under Sec.8(1) & (2) of the Abkari Act for allegedly having been found in possession of one Black Kannas containing 5.00 litres, 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 B.A.No.4035/2010 : 2 : 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 skj