IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Bail Appl..No. 2921 of 2011() ----------------------------- C.R.NO.44/2007 OF UDUMBANCHOLA EXCISE RANGE PETITIONER: ACCUSED NO.2 -------------------------------- BIJU JACOB, S/O. JACOB, KARIKKANAM POIKAYIL HOUSE, EZHARA EEKKAR, CHEMMANNAR, KANJUPPARA VILLAGE, UDUMBANCHOLA. BY ADV. SMT.V.H.JASMINE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2921 of 2011 ------------------------------------------------ Dated this the 25th day of May, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is accused No.2 in C.R.No.44 of 2007 of Udumbanchola Excise Range for offences punishable under Sections 8(1), (2) & 55(a) of the Abkari Act for allegedly having been found in possession of 105 litres of arrack and 35 litres of spirit, 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 25th day of May, 2011. V.RAMKUMAR, JUDGE. skj