IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Bail Appl..No. 4420 of 2011() --------------------------------- OR NO. 17/2011 of THODUPUZHA EXCISE RANGE, IDUKKI PETITIONER/ACCUSED:- ---------------------------- RAJAN, S/O.NAYAN, AGED 41 YEARS, THRUTHIKKATTIL VEETTIL, PLERUMKALA KARA, IDUKKI VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT & STATE: --------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (OR 17/2011 OF THODUPUZHA EXCISE RANGE, IDUKKI DISTRICT.) ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 4420 of 2011 -------------------------------- Dated this the 16th day of June, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in O.R. No. 17 of 2011 of Thodupuzha Excise Range, Idukki for an offence punishable under sec. 55(g) of the Abkari Act for allegedly having been found in possession of 35 litres of wash, 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.