IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Bail Appl..No. 1589 of 2008() ----------------------------- CRIME NO. 37 OF 2007 OF KATTAKKADA EXCISE RANGE PETITIONER ---------------- SHOBBY,D/O.THANKAMMA, AGED 43 KADUKARATHLA VEETTIL, MANNADIKONAM MAAMALLOOR DESOM, MARAMALLOOR VILLAGE NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTORSRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1589 of 2008 -------------------------------- DATED: 13-03-2008 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in Crime No. 37 of 2007 of Kattakada Excise Range for an offence punishable under Sec. 8 (1) and (2) of the Abkari Act, seeks anticipatory Bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. 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 B.A.No. 2