IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Bail Appl..No. 3989 of 2011() ------------------------ CR.NO. 42 OF 2009 OF NOORNADU EXCISE RANGE, ALAPPUZHA PETITIONER/ACCUSED -------------------- LEELA, W/O. THANKAPPAN, MAMBRAPADEETATHIL, VETTIYAR MURI, MAVELIKKARA BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY EXCISE INSPECTOR, NOORNADU PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 3989 of 2011 -------------------------------- DATED: 24-05-2011 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in CR No. 42 of 2009 of Norranadu Excise Range, Alappuzha District for an offence punishable under Section 8 (1) and (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 24th day of May, 2011. Sd/-V.RAMKUMAR, JUDGE. /true copy/ P.S. to Judge ani/ ani/