IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Bail Appl..No. 4702 of 2011() ----------------------------- CRMP.1472/2011 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.368/2011 OF KATTAPPANA POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2 ------------------------------- 1. GIRISH, S/O.VELAPPAN, AGED 35 YEARS, CHAKRAMATHIL HOUSE, KOCHUKAMAKSHI KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. SHEEBA, W/O.GIREESH, AGED 30 YEARS, OF DO. BY ADV. SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4702 of 2011 ------------------------------------------------ Dated this the 22nd day of June, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioners who are accused Nos.1 & 2 in Crime No.368 of 2011 of Kattappana Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 13.125 litres of Indian made foreign liquor, 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 22nd day of June, 2011. V.RAMKUMAR, JUDGE. skj