IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Bail Appl..No. 1640 of 2011() ----------------------------- (AGAINST O.R. NO.5/2011 OF EXCISE RANGE, KALADY ERNAKLAM DIST ., ALLEGED TO HAVE COMMITTED OFFENCE UNDER SECTIONS 8' 1 AND 2 OF THE ABKARI ACT) ------- PETITIONER/ACCUSED --------------------------------- JOSEPH, S/O.ANTHONY, KUNNEKADAN HOUSE, PUTHIYAKARA, MATTOOR, KALADY P.O. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE, KALADY, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. -------------------------------- Bail Application No. 1640 of 2011 -------------------------------- DATED: 8-3-2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in O.R. No. 5 of 2011 of Excise Range, Kalady, Ernakulam District 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 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. ani/