IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 1092 of 2009() ----------------------------- CRIME NO.33 OF 2008 OF PATTAMBI EXCISE RANGE PETITIONER ------------------------------ THAMPI ALIAS RAJESH ,AGED 30 YEARS S/O.RAMANKUTTY, ANAPPAYA PATINJARETHIL, KULUKKALLUR DESOM AND VILLAGE,OTTAPALAM TALUK. BY ADV. SRI.D.ANIL KUMAR RESPONDENT(S): --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 1092 of 2009 =============================== DATED: 11 .03.2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in Crime No.33 of 2008 of Pattambi Excise Range for an offence punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 5 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. I am not satisfied that both the grounds enumerated under Section 41-A(b)(ii) of the Abkari Act are present in this case so as to justify the release of the petitioner on bail. 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 11th day of March, 2009 V.RAMKUMAR, JUDGE. sj B.A.No. 2