IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Bail Appl..No. 5090 of 2010() ---------------------------------- CRIME NO. 61/2003 OF NEDUMANGAD EXCISE RANGE ....................... PETITIONER/ACCUSED : ------------------------------ SHIBU, S/O.SUKUMARAN, AJI BHAVAN, POTTENCHIRA,KOTTACKAKAM MURI,ARYANAD VILLAGE, NEDUMANGAD BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT: --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM (CRIME NO.61/2003 OF NEDUMANGAD EXCISE RANGE) BY SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 5090 of 2010 -------------------------------- Dated this the 3rd day of September, 2010 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.61/2003 of Nedumangad Excise Range for an offence punishable under section 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 22 litres 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.RAMKUMAR, JUDGE. ln