IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6750 of 2009() ------------------------------------ (IN CRME NO.200/07 OF NENMARA POLICE STATION, PLALKKAD) PETITIONER/2ND ACCUSED: ------------------------------------------ GIRISH KUMAR, AGED 45, S/O.RAMAN KUTTY, KOMBANKALLUKALAM, CHATHAMANGALAM P.O., NENMARA, PALAKKAD DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT(S): STATE OF KERALA/COMPLAINANT --------------------------------------------------------------------- THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, NENMARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR MR.S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SS M.SASIDHARAN NAMBIAR,J. =========================== B.A.No. 6750 OF 2009 =========================== Dated this the 12th day of November,2009 ORDER Petitioner is the second accused in Crime 200/2007 of Nenmara Police Station registered for the offence under section 55(a) and 57(a) of Abkari Act. Prosecution case is that getting secret information, toddy shop T.S.47/07-08 was searched by the Excise Officials on 21.8.2007 and sample of toddy was taken and sent to the Chemical Laboratory and report of the Chemical Examiner shows that an extraneous substance Diazepam was added to the toddy and the accused thereby committed the offences. This petition is filed for anticipatory bail under section 438 of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that though two petitions for anticipatory bail filed earlier were dismissed by this court, but there is a change of circumstance as the first accused the contractor of the shop was subsequently arrested and B.A.6750/2009 2 he is in custody and was questioned by the Investigating Officer and petitioner is only a worker in the toddy shop and in such circumstance, petitioner is to be enlarged on bail in the event of his arrest and he is prepared to abide by any conditions. 4. On hearing the counsel, I do not find that petitioner is entitled to be released in the event of his arrest, by invoking the extra ordinary powers under section 438 of Code of Criminal Procedure. When this court on more than one occasion found that petitioner is not entitled to get anticipatory bail, I do not find that by thearrest of first accused, which is the alleged change of circumstance, extra ordinary powers under section 438 of Code of Criminal Procedure is to be exercised in his favour. Petitioner is at liberty to surrender before the concerned Magistrate and seek regular bail. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006