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. 651 of 2009() ---------------------------- CRIME NO. 149 OF 2008 OF NOORANAD POLICE STATION PETITIONERS : -------------------- 1. PRASAD, S/O. NARAYANAN, ARANITHOTTATHIL, PATOOR MURI, NOORANAD 2. ASOKAN, S/O. YASODARAN, CHIRAYILLAYTH, PATTOOR MURI, NOORANAD BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR 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. 651 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. 149 of 2008 of Nooranad Police Station for an offence punishable under Sec. 55 (a)(i) of the Abkari Act and Sec. 7 read with Sec. 25 of the Arms Act and Sec. 353, 225 (B) read with Sec. 34 I.P.C. 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. ani B.A.No. 2