IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 2765 of 2009() --------------------------------------- C.R. NO.13/2009 OF EXCISE RANGE OFFICE, MUNNAR PETITIONER: -------------------- RAVI P.S., S/O. SUBRAMANIAN, AGED 45 YEARS, H.NO.XI/1618, LEKSHAM COLONY, MUNNAR P.O. BY ADV. SRI.N.M.VARGHESE RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, MUNNAR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2765 of 2009 ------------------------------------ Dated this the 16th day of July, 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 C.R. No.13/2009 of Excise Range Office, Munnar . 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. I have perused the Case Diary. 4. Taking into account the facts and circumstances of the case and the nature of allegations levelled against the petitioner, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. 5. The learned counsel for the petitioner submitted that no offence is made out against the petitioner under Section 55(i) of the Abkari Act. It requires consideration of evidence to arrive at any finding on those aspects. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm