IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 9783 of 2011() ---------------------------------- (CR. NO.81/2003 OF EXCISE RANGE, CHATHANNOOR, KOLLAM) ........ PETITIONER/3RD ACCUSED --------------------------------- SOMARAJAN (62 YEARS), S/O.GOPALAN, ELANJIKKAL HOUSE, VADAKKEVILA P.O., KOLLAM. BY ADVS. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.S.ANURAJ RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, CHATHANNOOR RANGE, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. -------------------------------- Bail Application No.9783 of 2011 -------------------------------- Dated this the 21st day of December, 2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the third accused in C.R.No.81/2003 of Excise Range, Chathannoor, Kollam for offences punishable under Sections 55(a), 58 and 67B 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 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 19th day of December, 2011. V.RAMKUMAR, JUDGE ln