IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 Bail Appl..No. 5979 of 2009() ----------------------------- CRIME NO.137/2009 OF CHITTARIKKAL POLICE STATION, KASARAGOD PETITIONER/ACCUSED -------------------------------------- K.J.ABRAHAM, KARKKAD HOUSE MALAMKADAVU, PALAVAYAL P.O. KASARAGOD. BY ADV. SRI. V.A.SATHEESH SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CHITTARIKKAL POLICE STATION, KASARGODE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5979 of 2009 --------------------------------------------- Dated this the 5th day of November, 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.137 of 2009 of Chittarikkal Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where the discretion should be exercised in favour of the petitioner to grant anticipatory bail. 5. The learned counsel for the petitioner submitted that the wife of the petitioner is suffering from mental ailment and that the petitioner has to maintain two children. If he is arrested and detained, he would be put to untold misery and great hardship. These contentions can be raised at the time of BA No.5979/2009 2 applying for bail. I am sure that the court will take into account the same while considering the application for bail. With these observations, the application for anticipatory bail is dismissed. K.T.SANKARAN, JUDGE csl