IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Bail Appl..No. 7655 of 2010() ---------------------------------------- ( CRIME NO. 40/2010 OF CHITTAR EXCISE RANGE, PATHANAMTHITTA DISTRICT) ------------------ PETITIONER/ACCUSED ------------------------------------ PUSHPA, AGED 40 YEARS, D/O.RAJAMMA, KOTTOOPPARA THADATHIL, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------ 1. THE EXCISE INSPECTOR, CHITTAR EXCISE RANGE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. -------------------------------- Bail Application No. 7655 of 2010 -------------------------------- DATED: 07.01.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the sole accused in Crime No.40/2010 of Chittar Excise Range for an offence punishable under sec.55(g) of the Abkari Act for allegedly having been found in possession of 55 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 v. State of Kerala - 2001 (1) KLT 22. With the above observation this Application is disposed of . Dated this the 7 th day of January, 2011. V.RAMKUMAR, JUDGE sj