IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Bail Appl..No. 894 of 2011() ------------------------------------ C.R. NO.2/2011 OF MUVATTUPUZHA EXCISE RANGE. ......... PETITIONER (S): ACCUSED --------------------------------------- R.N.SIVAN, S/O.NARAYANAN RANDUKALLICKAL HOUSE, KALLOORKADU POST MUVATTUPUZHA. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. -------------------------------- Bail Application No. 894 of 2011 -------------------------------- Dated this the 11th day of February, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in C.R. No.2 of 2011 of Muvattupuzha Excise Range for an offence punishable under sec. 55(a)(i) of the Abkari Act for allegedly having been found in possession of 13 litres of toddy, 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