IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Bail Appl..No. 1453 of 2011() ------------------------------------ (IN CRIME NO.12/2010 OF ADIMALI EXCISE RANGE, IDUKKI) PETITIONER/ACCUSED NO. 5 ------------------------------------------ VIJAYAN AGED 65 YEARS, S/O. GOPALAN, R/AT METTUMPURAM HOUSE, KURISUPARA POST, IDUKKI DIST. BY ADV. SRI.S.JIJI RESPONDENT(S)/STATE ---------------------------------- RANGE OFFICER, ADIMALI EXCISE RANGE, IDUKKI DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kp V. RAMKUMAR, J. -------------------------------- Bail Application No. 1453 of 2011 -------------------------------- Dated this the 3rd day of March, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 5th accused in Crime No.12 of 2010 of Adimali Excise Range, Idukki for an offence punishable under sec. 55(a) of the Abkari Act for allegedly having been found in possession of 50.250 litres of Indian made foreign liquor, 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 . sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.