IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Bail Appl..No. 2840 of 2011() ---------------------------------- (C.R. NO.25/2011 OF THIRUVANANTHAPURAM EXCISE RANGE, THIRUVANANTHAPURAM) ............ PETITIONERS/ACCUSED 2 & 3 ------------------------------------ 1. SHIBU, AGED 30, S/O.KRISHNAN, K.P.XVIII/275, CHENNEL WARD, THEKKEVILA, PONKULAM DESOM, KALLIYOOR VILLAGE, THIRUVANANTHAPURAM TALUK. 2. SUBASH, S/O.BABU, OLIPPUVILA PUTHEN VEETTIL, PONKULAM DESOM, KALLIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. -------------------------------- Bail Application No. 2840 of 2011 -------------------------------- DATED: 03-05-2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused Nos. 2 and 3 in C.R. No. 25 of 2011 of Thiruvananthapuram Excise Range, Thiruvananthapuram for an offence punishable under Sec. 55 (i) of Abkari Act, seek 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 petitioners contention that the petitioners have been falsely implicated. There is no reason why the petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file 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 3rd day of May, 2011. Sd/-V.RAMKUMAR, JUDGE. /true copy/ P.S. to Judge