IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Bail Appl..No. 606 of 2011() ---------------------------- (CRIME NO.55/2010 OF NEDUMANGAD EXCISE RANGE THIRUVANANTHAPRAM DISTRICT) ------- PETITIONER/3RD ACCUSED: ------------------------------------------- VIJAYAKUMAR, AGED 45 YEARS, SURYA BHAVAN, MADATHUVATHUKKAL, ARYANAD P.O., KOTTAKKAKOM MURI, NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. ----------------------------------------------- Bail Application No.606 of 2011 ------------------------------------------------- Dated this the 25th day of January, 2011 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioner who is accused No.3 in Crime No.55 of 2010 of Nedumangad Excise Range for offences punishable under Sections 55(a), 58, 65 & 67-B 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. V.RAMKUMAR, JUDGE. skj