IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Bail Appl..No. 8466 of 2010() ----------------------------------------- CR NO.63/2010 OF PATHANAMTHITTA EXCISE RANGE, PATHANAMTHITTA DISTRICT. .................... PETITIONER/ACCUSED: ----------------------------------- SHAMALA, AGED 40 YEARS, W/O.SUKUMARAN, BLOCK NO.69, EZHIKKADU HARIJAN COLANY, KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE, KOZHENCHERRY. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH CURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. -------------------------------- Bail Application No. 8466 of 2010 -------------------------------- Dated this the 17th day of December, 2010. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in C.R. No.63 of 2010 of Pathanamthitta Excise Range for an offence punishable under section 8(1)(2) of the Abkari Act for allegedly having been found in possession of 3 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. rv