IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 Bail Appl..No. 266 of 2011() ------------------------- CRIME NO. 85/2010 OF PARAPPANANGADI EXCISE RANGE, MALAPPURAM DISTRICT ............................... PETITIONER / ACCUSED: ------------------------------------ PANAGADAN JANAKI, D/O. NEELAKANDAN, MOOLATH MAAD HOUSE, OLAKKARA POST, THRIRANGADI, MALAPPURAM DISTRICT (THIRURANGADI POLICE STATION, LIMIT) BY ADVS. SRI. K.M. JAMALUDHEEN SMT. LATHA PRABHAKARAN RESPONDENT / COMPLAINANT /STATE : ----------------------------------------------------------- STATE OF KERALA, REPRESENTERD BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. -------------------------------- Bail Application No. 266 of 2011 -------------------------------- Dated this the 19th day of January, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in Crime No.85 of 2010 of Parappanangadi Excise Range for an offence punishable under section 8(1) of the Abkari Act for allegedly having been found in possession of two 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 . V.RAMKUMAR, JUDGE. RV