IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Bail Appl..No. 2937 of 2009() -------------------------------------- CR NO.38/2009 OF PATHANAMTHITTA EXCISE RANGE PETITIONER/ACCUSED: -------------------------------------- SREENIVASAN,AGED 57 YEARS, S/O.PADMANABHAN,THOPPIL VEEDU, VETTIPRAM MURI,PATHANAMTHITTA VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2937 of 2009 ------------------------------------ Dated this the 9th day of 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.38/2009 of Pathanamthitta Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that the petitioner was found in possession of 3.5 litres of Indian Made Foreign Liquor intended for sale in his stationary shop. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where the petitioner is entitled to the relief under Section 438 of the Code of Criminal Procedure. The Bail Application fails and is accordingly dismissed. K.T. SANKARAN, JUDGE scm