IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Bail Appl..No. 6586 of 2010() ------------------------------------------ OCCURRENCE REPORT NO.41/2003 OF NEYYATTINKARA EXCISE RANGE PETITIONERS/ACCUSED 1 & 2 -------------------------------------------------- 1. BINU S/O. JOHN, THOVATTUKONAM PUTHEN VEEDU, KULATHUMA DESOM, NEYYATTINKARA VILLAGE. 2. BINU S/O. NESAN, BINU NIVAS, NEDIYAKALA, KULATHUMAL DESOM, NEYYATTINKARA VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No.6586 of 2010 -------------------------------- DATED: 21.10.2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused Nos.1 and 2 in O.R. No.41/2003 of Neyyattinkara Excise Range for offences punishable under Sections 55(g) of the Abkari Act for allegedly having been found in possession of 700 litres of wash seek 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 petitioners' contention that the petitioners have been falsely implicated. There is no reason why the petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file 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. sj