IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Bail Appl..No. 7946 of 2010() ------------------------------------------ CR.NO.23/2010 OF THODUPUZHA EXCISE RANGE, IDUKKI DISTRICT. .................... PETITIONER/A 1 ------------------------ SIVAN, S/O.LATE KUNJU, AGED 58 YEARS, MALANTHATTU HOUSE, WEST KODIKULAM.P.O, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.T.J.MICHAEL, SRI.JOSEPH JOHN, SRI.JOSE MATHEW (KAVALAKALAM). RESPONDENT/STATE --------------------------------- STATE OF KERALA, REPRESENTED BY ASST. EXCISE INSPECTOR, THODUPUZHA. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. -------------------------------- Bail Application No. 7946 of 2010 --------------------------------------- Dated this the 9th day of December, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the first accused in C.R. No.23/2010 of Thodupuzha Excise Range for offences punishable under Sections 55(i) and 15(c) 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. ln