IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Bail Appl..No. 2726 of 2011() --------------------------------- C.R. NO. 4/2011 of DEVIKULAM EXCISE RANGE PETITIONER:- ---------------- PAPPATHI, AGED 49, W/O.BHASKARAN, RESIDING AT COMPANY LAYAM NO.3, CHENGUVARA, OLD FACTORY DIVISION, KDH VILLAGE, DEVIKULAM TALUK IDUKKI DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.ARJUN S.RAJ RESPONDENTS:- ------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. EXCISE INSPECTOR, DEVIKULAM EXCHANGE RANGE, DEVIKULAM, PIN 685 561. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 2726 of 2011 -------------------------------- Dated this the 1st day of June, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 2nd accused in C.R. No.4 of 2011 of Devikulam Excise Range for offences punishable under Sections 55(a), 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 44 litres of spirit, 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. rv //True Copy// P.A to Judge.