IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 4627 of 2009() ----------------------------- CRIME NO.42 OF 2009 OF NEDUMANGADU EXCISE RANGE PETITIONER (S): ACCUSED: ---------------------------- SARASWATHY, AGED 41 YEARS, D/O.GRACY, KADATHADANKATHU VEEDU, CHERUVAKONAM, PANAMCODU POST, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): COMPLAINANT:1 ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.42 OF 2009 OF NEDUMANGADU EXCISE RANGE). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4627 of 2009 --------------------------------------------- Dated this the 9th day of September, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.42 of 2009 of Nedumangadu Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 19.7.2009, the petitioner was found in possession of 5 litres of arrack. The petitioner could not be arrested as there was no woman police constable available. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted. 5. Learned counsel for the petitioner submitted that the grand daughter of the petitioner is admitted in the SAT Hospital, Thiruvananthapuram due to pneumonia and the presence of the petitioner is required since the child is only one month of age. BA No.4627/2009 2 The daughter of the petitioner is not in a position, according to the petitioner, to look after the child. Taking into account the facts and circumstances of the case, while dismissing the Bail Application, I record the submission of the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.42 of 2009 of Nedumangadu Excise Range for a period of two weeks from today. K.T.SANKARAN, JUDGE csl Hand over copy to both sides.