IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Bail Appl..No. 8426 of 2010() ----------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1069/2010 Dated 05/04/2010 CRIME NO. 63/2009 OF EXCISE RANGE,NEYYATTINKARA, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- ANILKUMAR T., AGED 32 YEARS, S/O. THANU PILLAI, LAKSHMI BUILDING, CHERIYAKOTTA P.O., NEYYATTINKARA, NOW RESIDING AT PUNARTHAM, CHYKOTTAKONAM, AMARAVILA P.O., NEYYATTINKARA. BY ADVS. SMT.M.R.JAYALATHA SRI.M.C.RATNAKARAN RESPONDENT(S): ------------------------- THE EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. -------------------------------- Bail Application No.8426 of 2010 -------------------------------- Dated this the 23rd day of December, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the first accused in Crime No.63/2009 of Neyyattinkara Excise Range for offences punishable under Sections 55(a), 58 and 67 of the Abkari Act, for allegedly having been found in possession of two litres of 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. ln