IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 Bail Appl..No. 3361 of 2011() ----------------------------- CRIME AND OCCURRENCE REPORT NO.32/2010 OF NJARAKKAL EXCISE RANGE PETITIONERS/ACCUSED NOS.1 & 2 ------------------------------------------------- 1. RAJEEVAN, S/O.PADMANABHAN, THACHANGADU VEEDU, EDAVANAKKAD.P.O., ERNAKULAM DISTRICT. 2. P.N.THILAKAN, S/O.NARAYANAN, KOLLERITHARA HOUSE, CHITTATTUKARA, VADAKKEKARA, ERNAKULAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE EXCISE INSPECTOR, NJARAKKAL EXCISE RANGE, ERNAKULAM DISTRICT, PIN-682 505. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 3361 of 2011 -------------------------------- DATED: 23.05.2011 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 Crime and Occurrence Report No.32/2010 of Njarakkal Excise Range for an offence punishable under sec.57(a) and 56(b) of the Abkari Act read with Rule 9(2) of the Abkari Shops Disposal Rules 2002, 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