(1.) In this Petition filed under Sec. 438 Cr.P.C., the petitioner who is the second accused in Crime No.104/2007 of Vellikulangara Police station for an offence punishable under section 8(2) of the abkari Act for allegedly having been found in possession of four litres of 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.