IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Bail Appl..No. 6470 of 2010(E) ----------------------------------- (AGAINST THE JUDGEMENT/ORDER IN BA.3453/2010 Dated 11/06/2010 CRIME NO.11/2010 OF SREEKANDAPURAM EXCISE RANGE KANNUR DISTRICT) .................... PETITIONER(S)/ACCUSED ------------------------------- KOONATH YESODHA, AGED ABOUT 40 YEARS, D/O.AYICHAN, KOONATH HOUSE, ARUVASSERY AMSOM DESOM, VALIYA AREEKAMALA P.O., PIN : 670 582. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING EXCISE INSPECTOR, SREEKANDAPURAM EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * Bail Application No. 6470 of 2010 * * * * * * * * * * * * * * * * * * DATED: 18th day of October, 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.11/2010 of Sreekandapuram Excise Range for an offence punishable under Section 55(g) of the Abkari Act for allegedly having been found in possession of 30 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 . V.RAMKUMAR, JUDGE. dmb