IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 Bail Appl..No. 1248 of 2009() ----------------------------- CRIME NO. 12/2009 of KOTHAMANGALAM EXCISE RANGE PETITIONER/ACCUSED:- ------------------------------- SANTU VARGHESE, AGED 36 YEARS, S/O.GEORGE VARGHESE, MADAVANA HOUSE, SOUTH PUNNAMATTOM KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. MS. P.P.STELLA MR. BIJIMON C.CHERIAN RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, KOTHAMANGALAM RANGE, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== Bail Application No. 1248 of 2009 ===================== Dated this the 17th day of March, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 12 of 2009 of Kothamangalam Excise Range for an offence punishable under section 58 of the Abkari Act for allegedly having been found in possession of 1.875 liters of coloured 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. 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 B.A.No. 1248/2009 2 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 21. With the above observation this Application is disposed of . Dated this the 17th day of March, 2009. V.RAMKUMAR, JUDGE. rv