IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 Bail Appl..No. 6745 of 2010() ----------------------------- CRIME NO. 54 OF 2008 OF EXCIE RANGE OFFICE, THIRUVALLA PETITIONER/ACCUSED ------------------------------ SATHEENDRAN, AGED 41 YEARS, S/O.KUTTY KUNJACHAN, NEELAMKERIL HOUSE, NIRANAM KIZHAKKUM BHAGOM MURI, NIRANAM VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 6745 of 2010 -------------------------------- DATED: 19th October, 2010 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. 54 of 2008 of Excise Range Office, Thiruvalla, for an offence punishable under Sec. 8(1) and (2) of the Abkari Act, and whose case is now pending before the J.F.C.M., Thiruvalla as C.P. No. 177 of 2008, 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. ani