IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 Bail Appl..No. 4433 of 2010() --------------------------------------- CR. NO.56/2010 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT. ........... APPLICANT/ACCUSED ------------------------------- SUKUMARAN, AGED 40 YEARS S/O.KUTTAPPAN, KANNANKUNNEL HOUSE KUMBHA PARA KARA, RAJAKUMARI VILLAGE. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING THE EXCISE RANGE INSPECTOR, UDUMBANCHOLA EXCISE RANGE. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.4433 of 2010 ------------------------------------------------- Dated this the 3rd day of August, 2010 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioner who is the accused in C.R.No.56/2010 of Udumbanchola Excise Range for an offence punishable under Sec.55(g) of the Abkari Act for allegedly having been found in possession of wash and other utensils which are used for distilling 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 B.A.No.4433/2010 : 2 : 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