IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 Bail Appl..No. 5083 of 2010() ----------------------------- CRIME NO.474/2010 OF KASABA POLICE STATION PETITIONER ------------------------------ K.KUNHAN, S/O.AYYAVU CHETTIYAR, AGED 68 YEARS, ERANDOTH PARAMBA, KOMMERI, P.O.MANKAVU, KOMMERI AMSOM AND DESOM, KOZHIKODE. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJMA SRI.C.S.SUDEER KUMAR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESETNED BY THE SUB INSPECTOR OF KASABA POLICE STATION, KOZHIKODE, REPRESETNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * Bail Application No. 5083 of 2010 * * * * * * * * * * * * * * * * * * DATED: 2nd day of September, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the accused in Crime No.474/2010 of Kasaba Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 290 bottles of IMFL, 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.RAMKUMAR, JUDGE. dmb