IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Bail Appl..No. 1807 of 2009() ----------------------------- CRIME NO. 40/2009 OF CENTRAL POLICE STATION, ERNAKULAM. PETITIONER/ACCUSED -------------------------------------- JOSE.A.O., S/O.OUSEPH, AGED 32 YEARS, ALAPPATT PONTHEKKAL, LALUR, P.O., ELTHURUTH, THRISSUR. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, CENTRAL POLICE STATION, ERNAKULAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1807 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7th day of April, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No.40/2009 of Central Police Station, Ernakulam for an offence punishable under Section 55 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.