IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Bail Appl..No. 2996 of 2008() ----------------------------- AGAINST THE ORDER IN LPR.253/2007 IN CP.49/2006 of J.M.F.C., KODUNGALLUR .................... (IN CRIME NO.66 OF 2005 OF VALAPPAD POLICE STATION) PETITIONER:ACCUSED: ----------------------------------- FAISAL,S/O. SALEEM, PARUPANAKKAL HOUSE KOORIKUZHI, KAIPAMANGALAM. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT:COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSEOCUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE C.I. OF POLICE VALAPPAD. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. -------------------------------- Bail Application No. 2996 of 2008 -------------------------------- Dated this the 13th day of May, 2008 O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioner who is the 26th accused in Crime No. 66 of 2005 of the Valappad Police Station for offences punishable under Sections 143, 147, 148, 353, 332, 188, 283, 323, 324 & 307 read with Section 149 of I.P.C., 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 B.A. No. 2996 OF 2008 2 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.K.MOHANAN, JUDGE. ttb