IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Bail Appl..No. 3853 of 2011() ----------------------------- (C.R.NO.21/2009 OF BADIADKA EXCISE RANGE, KASARAGOD) PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. VIDYALATHA, W/O. JAGANATHA, BASTHI DESAM, VELLOOR VILLAGE, KASARAGODE. 2. JAGANATHA, S/O. LINGAPPA ACHARI, BASTHI DESAM, VELLOOR VILLAGE, KASARAGODE. BY ADV. SRI.SOJAN MICHEAL RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, (C.R. NO.21/2009 OF BADIADKA, EXCISE RANGE, KASARAGOD), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. ------------------------------------ Bail Application No. 3853 of 2011 ----------------------------------- DATED: 01.06.2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners, who are accused Nos.1 and 2 in C.R. No.21/2009 of Badiadka Excise Range for offences punishable under Sections 58 and 64A of the Abkari Act for allegedly having been found in possession of 22.5 litres of IMFL, seek 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 petitioners' contention that the petitioners have been falsely implicated. There is no reason why the petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file 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. sj