IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Bail Appl..No. 1070 of 2009() ----------------------------- CRIME NO. 25 OF 2009 OF EXCISE RANGE, KOOTHUPARAMBA PETITIONER -------------------- PITTARATH VIMALA D/O.KRISHNAN, AGED 48 YEARS, RESIDING AT PILAKANDY PARAMBA HOUSE, MANGATTIDAM AMSOM DESOM MANGATTIDAM PO, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------- 1. THE EXCISE INSPECTOR KUTHUPARAMBA, KANNUR. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1070 OF 2009 -------------------------------- DATED: 12-03-2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 25 of 2009 of Excise Range, Kuthuparamba for an offence punishable under Sec. 55 (g) of the Abkari Act for allegedly having been found in possession of 20 litres of wash, 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 . Sd/-V.RAMKUMAR, JUDGE. /true copy/ ani B.A.No. 2