IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Bail Appl..No. 642 of 2011() ------------------------- CRIME NO. 64/2010 OF KUZHALMANNAM EXCISE RANGE, PALAKKAD DISTRICT ................... PETITIONERS / ACCUSED 2&3 : ---------------------------------------------- 1. KANNAN, AGED 37 YEARS, S/O.KUPPAN, MODANPARAMBU, ERIMAYOOR, ALATHUR TALUK, PALAKKAD DISTRICT. 2. MURALI, AGED 30 YEARS, S/O.KUPPAN, MODANPARAMBU, ERIMAYOOR, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT / COMPLAINANT : -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KUZHALMANNAM EXCISE RANGE, PALAKKAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COM E UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. -------------------------------- Bail Application No. 642 of 2011 -------------------------------- Dated this the 8th day of February, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused Nos. 2 and 3 in C.R. No.64 of 2010 of Kuzhalmannam Excise Range, Palakkad for offences punishable under sections 55 (g) and 8(2) of the Abkari Act for allegedly having been found in possession of 30 litres of arrack and 150 litres of wash, 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 . V.RAMKUMAR, JUDGE. rv