IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6377 of 2011() ----------------------------------------- CR NO.33/2011 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT. .................. PETITIONER/SOLE ACCUSED ------------------------------------------ ANU @ ROY, S/O.SREEDHARAN, AGED 33 YEARS, OTTAPLACKAL HOUSE, KUTHUMKAL P.O., KUTHUMKAL KARA, UDUMBANCHOLA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT & STATE ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CR NO.33/2011 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI DISTRICT). BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. -------------------------------- Bail Application No.6377 of 2011 -------------------------------- DATED: 31.08.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the sole accused in C.R. No.33 of 2011 of Udumbanchola Excise Range for offences punishable under Sections 55(a) and 55(i) of the Abkari Act for allegedly having been found in possession of 28.750 litres of Indian Made Foreign Liquor, 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 . Dated this the 31 st day of August, 2011. V.RAMKUMAR, JUDGE sj