IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Bail Appl..No. 1745 of 2009() ----------------------------- CRMP.732/2009 of DISTRICT COURT, PALAKKAD CRIME NO. 5/2009 OF PARALI EXCISE RANGE PETITIONERS/ACCUSED A-1 & A-2 ------------------------------------------------ 1. REMANI, W/O.VELAYUDHAN, AGED 40 YEARS, RESIDING AT VELLAPURAM HOUSE, MUCHEERI P.O.,-678 631. KONGAD, PALAKKAD TALUK. 2. VELAYUDHAN, S/O.MANAPULLY, AGED 45 YEARS RESIDING AT VELLAPURAM HOUSE, MUCHEERI P.O.-678631. KONGAD, PALAKKAD TALUK. BY ADV. SRI.K.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, PARALI EXCISE RANGE OFFICE, PALAKKAD DISTRICT. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1745 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of April, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused No.s 1 and 2 in Crime No.5/2009 of Parali Excise Rangefor an offence punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of five litres of illicit arrack, 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. mn.