IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Bail Appl..No. 4822 of 2011() ----------------------------- CRIME NO.37/2009 OF KUMBLA EXCISE RANGE PETITIONER/ACCUSED ----------------------- GEETHA, AGED 30 YEARS, D/O. GANGADHARA MANHILATHU HOUSE, HERROR.P.O., MANGALPADY, KASARAGOD. BY ADV. SRI.P.K.ANIL RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE INSPECTOR OF EXCISE, KUMBLA EXCISE RANGE-671121. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4822 of 2011 ------------------------------------------------ Dated this the 27th day of June, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the accused in Crime No.37 of 2009 of Kumbla Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 8 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 . Dated this the 27th day of June, 2011. V.RAMKUMAR, JUDGE. skj