IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Bail Appl..No. 1853 of 2009() ----------------------------- CRMP.623/2009 of ADDL.DISTRICT COURT,KOTTAYAM CRIME NO. 104/2009 OF ERATTUPETTA POLICE STATION PETITIONER/2ND ACCUSED: ------------------------------------------- TESSY JACOB, W/O.SUNNY, VAZHAKKUZHIYIL HOUSE, POONJAR, THEKKEKKARA VILLAGE, KOIPPALLI VILLAGE. BY ADV. SMT.M.R.ANUPAMA RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1853 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of April, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in Crime No.104/2009 of Erattupetta Police Station for offences punishable under Sections 8(1) and (2) of the Abkari Act, 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. mn.