IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Bail Appl..No. 6704 of 2010() ----------------------------- (KOTTARAKKARA EXCISE CR.69/2010) PETITIONER/ACCUSED -------------------------------------- VINOD, S/O.SAHADEVAN, SINDHU BHAVAN, CHAKKUVARAKKAL, KOTTARAKKARA, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6704 of 2010 ------------------------------------------------ Dated this the 28th day of October, 2010 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in CR.No.69 of 2010 of Kottarakkara Excise for offences punishable under Sections 8(I) & (II) and 67-B of the Abkari Act for allegedly having been found in possession of 2.5 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 Bail Appln.No.6704/2010 : 2 : 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 skj