IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Bail Appl..No. 5337 of 2010(F) ------------------------------------------ [CRIME NO.15/04 OF THE EXCISE RANGE, PALAKKAD, CP.NO.7/2010 OF J.M.F.C.-I,PALAKKAD] .................... PETITIONER/ACCUSED: ---------------------------------- SAFEER P.A., AGED 28 YEARS, S/O.ABDULLAKUTTY, KALLOOR COLONY, MATTANNOOR, THALASSERI, KANNUR DISTRICT. BY ADV. SRI.R.PADMAKUMAR. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. -------------------------------- Bail Application No. 5337 of 2010 -------------------------------- DATED: 13th September 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 15 of 2004 of Excise Range, Palakkad for an offence punishable under Sec. 55 (a) of the Abkari Act, 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 decisions in Sukumari v. State of Kerala - 2001 (1) KLT 22 and Hassanar v . State of Kerala – 2008 (1) KLT 921. With the above observation this Application is disposed of . Sd/-V.RAMKUMAR, JUDGE. /true copy/ P.S. to Judge ani