IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 Bail Appl..No. 2500 of 2008() ----------------------------- CRLMP.275/2008 of ADDL.DISTRICT COURT-I,MAVELIKKARA CRIME NO.3/2008 OF NOORANAD EXCISE RANGE .................... PETITIONER: ----------------- GEEVARGHESE @ KOCHUMON,S/O.GEEVARGHESE, KUTTIVILAPADEETTATHIL KANNANAMKUZHI MURI, THAMARAKULAM VILLAGE. BY ADV. SRI.RASHEED C.NOORANAD SRI.SUNI M.D. RESPONDENT: ------------- EXCISE ENSPECTOR, NOORANAD EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERLA AT ERNAKULAM. BY PUBLIC PROSECUTOR C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ B.A.No.2500 of 2008 ------------------------------------- Dated this the 18th day of April, 2008 ORDER In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in Crime No.3 of 2008 of Nooranad Excise Range for an offence punishable under Section 8 of the Kerala Abkari Act for allegedly having been found in possession of 750 ml 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. 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.K.MOHANAN, JUDGE) rtr/-