IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 442 of 2009() ---------------------------- CRIME NO.2/09 OF KAYAMKULAM EXCISE RANGE PETITIONER (S): ACCUSED ----------------------------------- RAMESHAN, S/O. RAGHAVAN, KOLEDUTHU VEEDU, ERUVA, PUTHIYOOR VILLAGE, KARATHIKAPALLY. BY ADV. SMT.A.SALINI LAL RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUOR, HIGH COURT OF KERALA,REP. BY CIRCLE INSPECTOR, HARIPPAD, KARTHIKAPPALLY EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.442 of 2009 ----------------------------- Dated this the 19th day of June, 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.2 of 2009 of Kayamkulam Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that the petitioner was found transporting 20 litres of arrack and when the C.I. of Police detected the same, the accused ran away. 4. The learned counsel for the petitioner submitted that the petitioner is not in a position to run away because of his ill health and that he is bed ridden. 5. Prima facie, I do not think that what is stated by the prosecution is not true. The contentions put forward by the petitioner are not sufficient grounds for granting anticipatory bail. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl