IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Bail Appl..No. 4028 of 2011() ------------------------ Crime No. 10 of 2011 of Badiyadukka Excise Range, Kasargode PETITIONERS/ACCUSED 1 AND 2 --------------------------- 1. PAVITHRA A., AGED 25 YEARS, W/O. PUTTU @ SATHYANARATHANA, RESIDING AT GURUKRIPA NILAYAM, DEVARADUKKA, P.O.URDOOR, ADOOR VILLAGE, KASARAGOD. 2. PUTTA @ SATHYANARAYANA, AGED 32 YEARS, RESIDING AT GURUKRIPA NILAYAM, DEVARADUKKA, P.O.URDOOR, ADOOR VILLAGE, KASARAGOD. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1.EXCISE INSPECTOR, BADIYADUKA EXCISE RANGE, KASARAGOD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 4028 of 2011 -------------------------------- DATED: 24th May, 2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the accused in Cr. No. 10/2011 of Badiyadukka Excise Range, Kasaragode, for an offence punishable under Sec. 55 (a) of the Abkari Act, 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 . Dated this the 25th day of May, 2011. Sd/-V.RAMKUMAR, JUDGE. ani /true copy/ P.S. to Judge