IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH JUNE 2007 / 16TH JYAISHTA 1929 Bail Appl..No. 3328 of 2007() ----------------------------- CRIME NO.78/07 OF MUNNAR POLICE STATION : PETITIONER/2ND ACCUSED --------------------------------------- BABY, KOIKKAKUDY, PAMPUMKAYAM, MANKULAM VILLAGE, IDUKKI DIST. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MUNNAR POLICE STATION. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 3328 OF 2007 A ```````````````````````````````````````````````````` Dated this the 6th day of June, 2007 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.78/07 of Munnar Police Station for an offence punishable under section 55(g) read with sections 8(1) and 8 (2) of the Abkari Act for allegedly having been found in possession of one litre of illicit arrack and 150 litres of wash, 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 Vs. State of Kerala [2001 (1) KLT 22]. This application is disposed of as above. (V. RAMKUMAR, JUDGE) aks