IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Bail Appl..No. 1572 of 2009() ----------------------------- CRIME NO.3 OF 2009 OF PATTAMBI EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- APPU ALIAS RAMANKUTTY, S/O.CHAMI EZHUTHASSAN, MOOKALASIL, CHERUKODE, VALLAPUZHA,OTTAPALAM, PALAKKAD. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT --------------------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING EXCISE INSPECTOR,PATTAMBI EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No.1572 of 2009 -------------------------------- DATED:30.03.2009 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.3 of 2009 of Pattambi Excise Range for an offence punishable under Sections 8(1),8(2) and 55(a) of the Abkari Act for allegedly having been found in possession of 5 litres of 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 . V.RAMKUMAR, JUDGE. sj