IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Bail Appl..No. 1339 of 2009() ----------------------------- CRMP.399/2009 of SESSIONS COURT, WAYANAD CRIME NO. 334/2008 of MEENANGADI POLICE STATION .................... PETITIONER/ACCUSED:- ------------------------------ VARGHESE @ BABY, S/O.PETER, 67/08 KUZHUNILATHIL HOUSE, MEENANGADI POST SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADV. MR. SARVOTHAMAN RESPONDENT/ COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEENGANDAI TO BE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Application No. 1339 of 2009 ------------------------------------------------ Dated this the 25th day of March, 2009. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 9th accused in Crime No. 334 of 2008 of Meenangadi Police Station for an offence punishable under section 55(a) of the Abkari Act involving the recovery of spirit kept in 43 cans of 35 liter capacity each and 12 can of 20 liter capacity from the house allegedly rented out by the petitioner, 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 three 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.