IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4206 of 2009() -------------------------------------- C.R. NO.53/2008 OF ADOOR EXCISE RANGE. PETITIONER/ACCUSED: -------------------------------------- GEETHA, W/O. SOMAN, SOUMYA VILASOM HOUSE, PANTHALAM THEKKEKARA VILLAGE, ADOOR. BY ADV. SMT.R.DYANA RESPONDENT/COMPLAINANT: ---------------------------------------------- THE EXCISE INSPECTOR, ADOOR EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4206 of 2009 ------------------------------------ Dated this the 31st day of July, 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 accused in C.R No.53/2008 of Adoor Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 22/05/2008, the petitioner was found engaged in the sale of Indian made foreign liquor. 4. I have perused the Case Diary. Prima facie, it cannot be said that the case is a foisted one against the petitioner. This is not a fit case where the discretionary relief under Section 438 can be granted in favour of the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm