IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Bail Appl..No. 1600 of 2011() ------------------------ CR. No. 98/2010 of Nooranadu Excise Range in Alappuzha District Petitioner: --------- Yasoda, aged 43 years, W/o. Prasannan Meghalayam House, Elippakulam Muri, Vallikunnam Panchayat, Vallikunnam Village, Mavelikkara Taluk, Alappuzha District BY ADV. SRI.AJITH MURALI SRI.K.V.ANIL KUMAR SRI.S.KRISHNALAL RESPONDENT(S): ------------ State of Kerala, represented by the Public Prosecutor, High Court of Kerala Public Prosecutor Sri. M.S. Breeze THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1600 of 2011 -------------------------------- DATED: 25-02-2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the sole accused in CR No. 98 of 2010 of Nooranadu Excise Range in Alappuzha District now pending before the J.F.C.M. II, Mavelikkara, for for offence punishable under Sec. 8 (1) and (2) of the Abkari Act, for allegedly having been found in possession of 19.6 litres of arrack, 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 25th day of February, 2011. V.RAMKUMAR, JUDGE ani/