IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Bail Appl.No. 1662 of 2009() ----------------------------- CRIME NO. 703 OF 2007 OF PATHANAMTHITTA POLICE STATION APPLICANT/ACCUSED -------------- BABYKUTTAN PILLAI, ASHTAMI HOUSE, VALLIKKODE P.O. VALLIKKODE VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA DISTRICT BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S): --------------- 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 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1662 OF 2009 -------------------------------- DATED: 26-03-2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the first accused in Crime No. 703 of 2007 of Pathanamthitta Police Station for an offence punishable under Sec. 57 (a) 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 . Dated this the 26th day of March, 2009. V.RAMKUMAR, JUDGE. ani