IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Bail Appl..No. 2457 of 2008() ----------------------------- CRIME NO. 868 OF 2007 OF KAYAMKULAM POLICE STATION PETITIONERS:ACCUSED ------------------------ 1. MADANAN,S/O. KUNJU PANICKER SIVASADANAM HOUSE, CHERAVALLY MURI KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT 2. REJI,S/O.RAVI SANTHI BHAVANA, VALLIKAVU MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK KOLLAM DISTRICT BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THE KAYAMKULAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 2457 of 2008 -------------------------------- DATED: 21-05-2008 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused Nos. 1 to 2 in Crime No. 868 of 2007 of Kayamkulam Police Station for offences punishable under Sections 11 and 55(i) of the Abkari Act, 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. I am not satisfied that both the grounds enumerated under Section 41-A(b)(ii) of the Abkari Act are present in this case so as to justify the release of the petitioners on bail. 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 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 Sasidharan v. State - 2007 (1) KLT 1062 and Sukumari v. State of Kerala - 2001 (1) KLT 21. With the above observation this Application is disposed of . V.RAMKUMAR, JUDGE. ani B.A.No. 2