IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Bail Appl..No. 5031 of 2011() ------------------------ CRIME . NO. 309 OF 2011 OF KOVALAM POLICE STATION PETITIONER/ACCUSED -------------------- BAIJU, AGE 41 , S/O.GOPALAN SANTHI BHAVAN, AZHAKULAM, VIZHINJAM, VENGANOOR VILLAGE (AI) BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SMT.A.NEENA JOSE SRI.V.S.THOSHIN RESPONDENT(S): --------------- THE STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE KOVALAM POLICE STATION, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 5031 of 2011 -------------------------------- DATED: 01-07-2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the first accused in Crime No. 309 of 2011 of Kovalam Police Station, Thiruvananthapuram which is now pending before the J.F.C.M. III, Neyyattinkara , for an offence punishable under Sec. 55 (i) 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 . V.RAMKUMAR, JUDGE. sj