IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Bail Appl..No. 5327 of 2011() ----------------------- CRIME NO. 102 OF 2010 OF KARTHIKAPPALLY EXCISE RANGE PETITIONER/ACCUSED ------------------- JAYAN, S/O. CHELLAPPAN, MURUKALAYAM VEEDU, AARATTUPUZHA BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KARTHIKAPPALLY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 5327 of 2011 -------------------------------- DATED: 30-06-2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in Crime No. 102 of 2010 of Karthikappally Excise Range, Alappuzha District for an offence punishable under Section 8(1) & (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 Bail Application No. 5327 o0f 2011 -2- 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 30th day of June, 2011. V.RAMKUMAR, JUDGE.