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. 1892 of 2011 -------------------------------------- [C.P.NO.115/2010 OF THE JUDL. FIRST CLASS MAGISTRATE COURT-II, THIRUVANANTHAPURAM, CR. NO.36/2006 OF EXCISE RANGE OFFICE, THIRUVANANTHAPURAM] PETITIONER/ACCUSED NO.3: ------------------------------------------ SOJAN JOSEPH, 30 YEARS S/O.JOSEPH ANTONY, KARUMADI KANNITTACHIRA HOUSE KARUMADI VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.NIREESH MATHEW. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR , EXCISE RANGE OFFICE, THIRUVANANTHAURAM, REP. BY 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: prv. V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1892 of 2011 ----------------------------------------------------- Dated this the 8th day of March, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is accused No.3 in C.R.No.36 of 2006 of Thiruvananthapuram Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 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 . Dated this the 8th day of March, 2011. V.RAMKUMAR, JUDGE. skj