IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Bail Appl..No. 8546 of 2010() ---------------------------------------- ( CRIME NO. 68/2010 OF PATHANAMTHITTA EXCISE RANGE, OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA) --------------------- PETITIONER/ ACCUSED-A1-A2 --------------------------------------------- 1. KUNJUMOL, AGED 45 YEARS, AGED 40 YEARS, W/O.SASI, BLOCK NO.52, EZHIKKADU HARIJAN COLANY, KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE, KOZHENCHERRY. 2. SHAMALA, AGED 40 YEARS, W/O. SUKUMARAN, BLOCK NO.69, EZHIKKADU HARIJAN COLANY, KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE, KOZHENCHERRY. BY ADV. SRI.AJITH MURALI RESPONDENT(S): ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. -------------------------------- Bail Application No.8546 of 2010 -------------------------------------- Dated this the 20th day of December, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. petitioners, who are accused Nos.1 and 2 in C.R. No.68/2010 of Pathanamthitta Excise Range for an offence punishable under Section 8(1)&(2) of the Abkari Act for allegedly having been found in possession of 10 litres of arrack, seek 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 petitioners contention that the petitioners have been falsely implicated. There is no reason why the petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file 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