IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Bail Appl..No. 2429 of 2011() ----------------------------- CRIME NO.59/2009 OF PUNALUR EXCISE RANGE PETITIONER:ACCUSED -------------------- MALLIKA, AGED 40 YEARS, SUNITHA BHAVAN, 1 st MILE STONE, EZHAMKULAM, THINGALKARIKKAM VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.R.SURAJ KUMAR SRI.N.AJITH RESPONDENTS: COMPLAINANT/STATE: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, ANCHAL, KOLLAM DISTRICT-691001. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The word Punalur shown in the cause title of the order dated 1.4.2011 in BA 2429/2011 is corrected and substituted as Anchal as per order dated 2.6.2011 in CRMA.3245/2011 in BA.2429/2011. Sd/- Assistant Registrar V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2429 of 2011 ------------------------------------------------ Dated this the 1st day of April, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioner who is the sole accused in Crime No.59 of 2009 of Punalur Excise Range for offences punishable under Sections 55(g), 8(1) & 8(2) 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 1st day of April, 2011. V.RAMKUMAR, JUDGE. skj The word 'Punalur' shown in the first paragraph of the order B.A.No.2429/2011 2 dated 1.4.2011 in B.A.2429/11 is corrected and substituted as 'Anchal' as per order dated 2.6.2011 in Crl.M.A.No.3245/2011. Sd/- Registrar (Judicial)