IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 Bail Appl..No. 3486 of 2011() ----------------------------- CR.NO.33/2011 OF NOORNADU EXCISE RANGE PETITIONER/ACCUSED -------------------------- BINDU, W/O. SHISUPALAN, SHALINI BHAVAN, KANJIKODE.P.O., PALAMEL VILLAGE, MAVELIKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): COMPLAINANT ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE RANGE OFFICER, NOORANADU EXCISE RANGE, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No.3486 of 2011 -------------------------------- DATED: 23.05.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the accused in C.R. No.33/2011 of Noornadu Excise Range for offences punishable under Sections 55(a) and 58 of the Abkari Act for allegedly having been found in possession of 1.5 litres of spirit, 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 . Dated this the 23 rd day of May, 2011. V.RAMKUMAR, JUDGE sj