IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Bail Appl..No. 1534 of 2009() ---------------------- CR. NO. 2 OF 2009 OF EXCISE RANGE OFFICE, WADAKKANCHERRY PETITIONER/ACCUSED: ------------------ RAJAPPAN, AGED 54 YEARS, S/O.KUNJAPPI, KUDUKKAKUNNEL HOUSE, MANDAMPARAMBU DESOM, KADANGOD VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.P.SUBHASH CHANDRAN SRI.SHAJI THANKAPPAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. EXCISE INSPECTOR, EXCISE RANGE OFFICE, WADAKKANCHERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1534 of 2009 -------------------------------- DATED: 27th March, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in CR. No. 2 of 2009 of Excise Range Office, Wadakkancherry, for an offence punishable under Sec. 55 (g) 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 . Dated, this the 27th day of March, 2009. V.RAMKUMAR, JUDGE. ani