IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Bail Appl..No. 595 of 2011() --------------------------------------- CR. NO.62/2009 OF PALAKKAD EXCISE RANGE. ..... PETITIONER (S): ACCUSED NO.2 ------------------------------------------------ SHAMSUDHEEN, AGED 41 YEARS S/O.ABOOBACKER, AMBALATH HOUSE, KECHERY ERANELLUR,THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PALAKKAD EXCISE RANGE PALAKKAD DISTRICT, REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. -------------------------------- Bail Application No. 595 of 2011 -------------------------------- Dated this the 8th day of February, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in C.R. No.62 of 2009 of Palakkad Excise Range for an offence punishable under sec.55(a) of the Abkari Act for allegedly having been found in possession of 2048 litres of spirit, 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 three 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