IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 6525 of 2009 CRIME NO.1278 OF 2009 OF KOTTARAKKARA POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ UDAYAN,S/O.SREENIVASAN, UDAYA BAVAN,VETTIKAVALA VILLAGE, KOTTARAKKARA,KOLLAM. BY ADV. SRI.SAJU.S.A RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6525 OF 2009 ------------------------------------------------------ Dated this the 3rd day of December, 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 second accused in Crime No.1278 of 2009 of Kottarakkara Police Station. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on getting information that spirit was being sold in toddy shop No.11 at Pandikasala, the police party rushed to the toddy shop. They could seize a quantity of 462 litres of spirit from the toddy shop. The fourth accused is said to be the licencee of the toddy shop. The prosecution case is that accused No.2, who is the petitioner herein, is the person who actually runs the toddy shop and acts as on behalf of the licencee. It is also alleged that the petitioner is involved in two other cases of similar nature. B.A. NO. 6525 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be granted in favour of the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/