IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 Bail Appl..No. 1324 of 2009() --------------------- C.R. NO. 9 OF 2009 OF UDUMBANCHOLA EXCISE RANGE .................... PETITIONER/ACCUSED ------------------- P.MURUKAN, S/O. PONNAYYAN, PARAYIL HOUSE, UP VIII/915, PARATHODE VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): /STATE --------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CR NO.9 OF 2009 OF UDUMBANCHOLA EXCISE RANGE) PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1324 of 2009 -------------------------------- DATED: 2-4-2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in C.R. No. 9 of 2009 of Udumbanchola Excise Range for offences punishable under Secs. 8(1) and (2) and Sec. 55 (g) of the Kerala Abkari Act, for allegedly having been found 1000 litres of Wash and 75 litres of arrack in the property of the petitioner, 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. ani