IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH MAY 2008 / 26TH VAISAKHA 1930 Bail Appl..No. 3061 of 2008() --------------------------------------- CRIME NO.158/2008OF BALARAMAPURAM POLICE STATION ..... PETITIONER/ ACCUSED ------------------------ APPU, RAHUL BHAVAN,CHIRAVILAKOM THALAYAL DESOM, ATHIYANNOOR VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------- Bail Application No. 3061 of 2008 -------------------------------- Dated this the 16th day of May, 2008 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No.158/2008 of Balaramapuram Police Station for offences punishable under Secs.58(g) and 8(1) and (2) of the Abkari Act for allegedly having been found in possession of illicit 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.K.MOHANAN, JUDGE. Mbs/ B.A.No. :-2-: