IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3497 of 2011 -------------------------------------- [CRIME NO.327/2011 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT] ................... PETITIONER/ACCUSED: ---------------------------------- SREENIVASAN, AGED 40 YEARS, S/O.VELU, VAIKATHIL HOUSE, EDAKULAM, THIRUNAVAYA, TIRUR, MALAPPURAM DISTRICT. BY ADV. SMT.R.VIJAYAKUMARI. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. MEERA.K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. N.K.BALAKRISHNAN, J. ----------------------------------- B.A. No.3497 OF 2011 --------------------------------------- Dated this the 13th day of May, 2011 ORDER Petitioner is the accused in Crime No.327/2011 of Tirur Police Station. It was registered under Section 55(i) of Abkari Act. This application is for pre-arrest bail. 2. The material allegation is that on 30.4.2011 at about 11 a.m., the accused was found in possession of 18 or 20 litres of liquor. 3. If a person is accused of an offence punishable for a term of imprisonment of three years or more, granting of bail is conditioned by the limitations contained in S.41A of the Abkari Act. If that is the position with regard to the accused who applies for regular bail(after arrest) it is inconceivable how the rigour can be less when an accused approaches the Court for anticipatory bail. Hence the request for anticipatory bail is rejected. See also the decision in Muraleedharan v. State of Kerala (2001(2) KLT 355). N.K. BALAKRISHNAN, JUDGE acd