IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Bail Appl..No. 1482 of 2009() ------------------------------------------- (C.R.NO.123 OF 2004 OF PATHANAPURAM EXCISE RANGE) (C.P.NO.76 OF 2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR). ......................... PETITIONER/ACCUSED NO.1: ------------------------------------------- SHIBU, S/O.NARAYANAN, SHIBU BHAVAN, VELLAM THETTY DESOM, PUNNALA VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. MR.PREMCHAND R.NAIR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, PATHANAPURAM EXCISE RANGE, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1482 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of March, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 1st accused in C.R. No.123/2004 of Pathanapuram Excise Range for an offence punishable under Section 55(g) of the Abkari Act for allegedly having been found in possession of 8500 litres of was, 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. mn.