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. 3604 of 2011() ----------------------------- CRIME NO.134/2009 OF NOORANADU EXCISE RANGE PETITIONER: ACCUSED -------------------- VISWABHARAN, S/O.KRISHNAN, CHERUMALATHEKKETHIL, CHERUMALA COLONEY, VETTIYAR, MAVELIKKARA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY EXCISE INSPECTOR, NOORNADU. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3604 of 2011 ------------------------------------------------ Dated this the 25th day of May, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the accused in Crime No.134 of 2009 of Nooranadu Excise Range for offences punishable under Sections 8(1), (2) & 67(B) 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 one month 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 . Dated this the 25th day of May, 2011. V.RAMKUMAR, JUDGE. skj