IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Bail Appl..No. 3978 of 2011() ----------------------------- CRIME NO.25/2011 OF KUNNAMANGALAM EXCISE RANGE PETITIONER/ACCUSED --------------------- K.RAMANI, AGED 40, W/O. VELUSHAN, KOLLOLATH HOUSE, KUNNAMANGALAM AMSOM DESOM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. EXCISE INSPECTOR, KUNNAMANGALAM EXCISE RANGE, KUNNAMANGALAM-673571. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------------- Bail Appln.No.3978 of 2011 ---------------------------- Dated this the 24th day of May, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in Crime No.25 of 2011 of Kunnamangalam Excise Range for an offence punishable under Section 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 3 litres of illicit liquor, 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 24 th day of May, 2011. V.RAMKUMAR, JUDGE. skj