IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Bail Appl..No. 10706 of 2011() ------------------------------------ (CRIME NO.64/2011 OG AGALI EXCISE RANGE, PALAKKAD) ..... PETITIONER/SOLE ACCUSED ---------------------------------- DEVAKI, W/O.LATE RAGHAVAN, AGED 55 YEARS, THAZHAEMULLI, PUDOOR VILLAGE, AGALY, PALAKKAD DIST. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING EXCISE INSPECTOR, AGALI EXCISE RANGE, PALAKKAD DIST. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. -------------------------------- Bail Application No. 10706 of 2011 -------------------------------- DATED: 19.12.2011 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.64/2011 of Agali Excise Range for an offence punishable under sec.8(1) and (2) of the Abkari Act for allegedly having been found in possession of 8 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 sj