IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1367 of 2009() ----------------------------- CRMP.193/2009 of ADDL. SESSIONS COURT-I,MAVELIKKARA .................... PETITIONER/ACCUSED:- ---------------------------- KUTTAPPAN, AGED 60 YEARS, S/O.KALY, LEKHA BHAVANAM HOUSE, KADUVUNKAL MURI, VALLIKUNNAM VILLAGE, MAVELIKKARA TALUK. BY ADV. MR. K.JAYARAJ RESPONDENT/COMPLAINANT:- --------------------------------- KERALA STATE REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, NOORANADU THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------------------------ Bail Application No. 1367 of 2009 ---------------------------------------------------- Dated this the 23rd day of March, 2009. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 2 of 2009 of Nooranadu Excise Range for an offence punishable under section 55(i) of the Abkari Act for allegedly having been found in possession of 9.5 liters of Indian made foreign liquor, 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. rv