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. 6411 of 2010 (F) ----------------------------- (CRIME NO.104/06 OF KARTHIKAPPALLY EXCISE RANGE, ALLEPPEY DIST. ) PETITIONER/ACCUSED -------------------------------------- THULASIDHARAN, AGED 52 YEARS, S/O.VAVACHAN, VADAKKEPPARAMBIL, PERUMBALLY, VALIAZHEECKAL.P.O., ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/COMPLAINANT ------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6411 of 2010 ------------------------------------------------ Dated this the 18th day of October, 2010 ORDER In this petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in Crime No.104 of 2006 of Karthikappally Excise Range for an offence punishable under Section 8(i)(ii) of Kerala Abkari Act for allegedly having been found in possession of 10 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 Bail Appln.No.6411/2010 : 2 : 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 skj