IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Bail Appl..No. 4689 of 2011() -------------------------------- CR. NO. 78/2010 of UDUMBANCHOLA EXCISE RANGE PETITIONER/4TH ACCUSED:- -------------------------------- BIJU, S/O.PONNAPPAN, KANJIRAKKATTU HOUSE, PARATHODUKARA, PARATHODU VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.K.S.SUMEESH RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA REP. BY THE EXCISE INSPECTOR, UDUMBANCHOLA RANGE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 4689 of 2011 -------------------------------- Dated this the 22nd day of June, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 4th accused in Cr. No.78 of 2010 of Udumbanchola Excise Range, Idukki for offences punishable under Sections 55(a)(i) and 67B of the Abkari Act for allegedly having been found in possession of 34.5 litres of Indian made foreign 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.