IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 Bail Appl..No. 7687 of 2011 -------------------------------------- [CRIME NO.88/2011 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DISTRICT] PETITIONERS/ACCUSED 1 AND 2: ------------------------------------------------- 1. SOBHANA, W/O. UTHAMAN, KALLUNKUM MOOTTIL PUTHIYAVILA, KANDALLOOR. 2. UTHAMAN, S/O. PADMANABHAN, KALLUNKUM MOOTTIL, PUTHIYAVILA, KANDALLOOR. BY ADVS. SRI.P.SREEKUMAR, SRI. K.S. MANU. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. EXCISE INSPECTOR KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. Crime no.88/2011 of Karthikappally Excise Range occurring in the cause title of order dated 16/09/2011 in BA 7687/2011 is corrected and substituted as `Crime No.88/2011 of Kayamkulam Excise Range' as per order dated 17.11.2011 in Crl.MA 7278/2011 in BA 7687/2011. SD/- Assistant Registrar V. RAMKUMAR, J. -------------------------------- Bail Application No. 7687 of 2011 -------------------------------- DATED: 16.09.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners, who are accused Nos.1 and 2 in Crime No.88/2011 of Karthikappally Excise Range for offences punishable under Sections 55(a) and 55(i) of the Abkari Act for allegedly having been found in possession of 700ml of IMFL, seek 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 petitioners' contention that the petitioners have been falsely implicated. There is no reason why the petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file 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 16 th day of September, 2011. V.RAMKUMAR, JUDGE sj The word “Karthikappally” occurring in line 2 of paragraph 1 of the order dated 16.09.2011 in B.A.No.7687/2011 is corrected and substituted as “Kayamkulam”, vide order dated 17.11.2011 in Crl.M.A.No.7278/2011 in B.A.No.7687/2011.