IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 5938 of 2009() ------------------------ CRIME NO. 140 OF 2009 OF KARUNAGAPPALLY EXCISE RANGE ACCUSED: --------- RATHNAMMA, AGED 70 YEARS, W/O.SANKARA PILLAI, 115, THACHIRETHU HOUSE 2 PADANAYARKULANGARA B, KARUNAGAPPALLY KOLLAM DISTRICT. BY ADV. SRI.C.S.MANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF EXCISE RANGE OFFICE KARUNAGAPPALLY NOTICE TO WHOM MAY BE SERVED ON PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 5938 of 2009 -------------------------------- DATED: 22-3-2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 140 of 2009 of Karunagappally Excise Range for an offence punishable under Section 55 (a) and (i) 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. ani