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. 2880 of 2009() ----------------------------- Cr.No.12/09 OF EXCISE RANGE, PAZHAYANNUR PETITIONER/ACCUSED -------------------------------------- SASI, S/O. KUMARAN, AGED 42 YEARS, KEEDANKUNNATHU HOUSE, PULAKKODU.P.O., CHELAKKARA, THRISSUR DIST. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. EXCISE INSPECTOR, PAZHAYANNUR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2880 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 Crime No.12/09 of Excise Range, Pazhayannur. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The case alleged against the petitioner is that on 6.5.2009, the Excise officials, while patrolling, found the petitioner carrying 10 litres of arrack. On seeing the patrol party, the petitioner escaped. Learned counsel for petitioner submitted that there is no material to indicate that the petitioner is involved in the offence. I have perused the case diary. Prima facie there are materials to indicate that the petitioner is involved in the case. No grounds are made out for invoking the discretionary jurisdiction under Section 438 Cr.P.C. The bail application is accordingly dismissed. K.T.SANKARAN, JUDGE vgs.