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. 433 of 2009() ---------------------------- CRIME NO. 3 OF 2009 OF KASARAGOD EXCISE RANGE PETITIONER/ACCUSED -------------------- 1. PURUSHOTHAMAN AGE 39/09, S/O. APPU VAIDYAR, THALIPADUPPEE, KASBA VILLAGE, KASARGOD. 2. RAJAN @ RAJENDER AGE 39/09 S/O. APPU VAIDYAR, P/AT DWARAKA NAGAR, KASARGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, KASARGOD EXCISE RANGE, REPRESENTED BY THE PUBLICE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR0 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. 433 of 2009 -------------------------------- DATED: 12-03-2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the accused in Crime No. 3 of 2009 of Kasaragod Excise Range for an offence punishable under Sections 8(i) and 8 (ii) of the Abkari Act for allegedly having been found in possession of 1400 packets of arrach (each containing 100 ml.) in 4 plastic sack, 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 . Sd/-V.RAMKUMAR, JUDGE. ani /true copy/ B.A.No. 2