IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Bail Appl..No. 2503 of 2011() ----------------------------- CR.NO.7/2010 OF BADIADKA EXCISE RANGE PETITIONER/ACCUSED ---------------------------- MADHAVI, AGED 52 YEARS, W/O.PAKEERAN(LATE),R/AT MALAMKAI HOUSE, MALAMKAI, KARADUKKA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, (CR. 7/2010 OF BADIADKA EXCISE RANGE), KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 2503 of 2011 -------------------------------- DATED: 04.04.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the sole accused in C.R. No.7/2010 of Badiadka Excise Range for an offence punishable under sec.8(1)(2) of the Abkari Act for allegedly having been found in possession of 4 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 4th day of April, 2011. V.RAMKUMAR, JUDGE sj