IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2509 of 2009 CR.NO.9/2009 OF PATTAMBI EXCISE RANGE, PALAKKAD DISTRICT CRMP. 1135/2009 OF SESSIONS COURT, PALAKKAD PETITIONER/ACCUSED. --------------------------------------- DEVAYANI, AGED 48 YEARS, W/O. KUTTAN, AKKARAPPARMBIL HOUSE, PERUMUDIYUR P.O, PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT. --------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PATTAMBI EXCISE RANGE, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2509 OF 2009 ------------------------------------------------------ Dated this the 2nd June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in CR. No. 9 of 2009 of the Pattambi Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that at about 5.30 PM on 8.4.2009, while the excise party were on petrol duty, they saw the petitioner with a can containing three litres of illicit arrack. The petitioner could not be arrested as there was no lady guard in the excise party. 4. In the facts and circumstances of the case, I do not think that the petitioner is entitled to be released on anticipatory bail. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/