IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Bail Appl..No. 4474 of 2011() ------------------------- CRIME NO. 126 OF 2007 OF NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM PETITIONER/ACCUSED ------------------ MOHANAN, AGED 50 YEARS, S/O.ASHOKAN, THOTTARIKATHU VEEDU, MARUTHUMALA, VITHURA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.126/2007 OF NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT). PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 4474 of 2011 -------------------------------- DATED: 21-06-2011 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. 126 of 2007 of Nedumangad Excise Range, Thiruvananthapuram District for an offence punishable under Sec. 55 (g) 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. It shall be open to the petitioner to raise the defence of mistaken identity as well. With the above observation this Application is disposed of . Dated this the 21st day of June, 2011. Sd/-V.RAMKUMAR, JUDGE. /true copy/ P.S. to Judge