IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1558 of 2009() ----------------------------- CP.206/2008 of J.M.F.C.-I,PATHANAMTHITTA CRIME NO. 669/2008 OF PATHANAMTHITTA POLICE STATION .................... PETITIONER/ACCUSED: --------------------------- KARTHYANI AMMA, AGED 65 YEARS, ANANDABHAVANAM, VALLIKKODU VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. MR. NAGARAJ NARAYANAN MR. SAIJO HASSAN RESPONDENT/STATE : ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------------------------ Bail Application No. 1558 of 2009 ---------------------------------------------------- Dated this the 23rd day of March, 2009. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 669 of 2008 of Pathanamthitta Police Station for offences punishable under sections 8(1) and (2) of the Abkari Act for allegedly having been engaged in manufacturing 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.RAMKUMAR, JUDGE. rv