IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 7876 of 2008() ----------------------------- CMP.3644/2008 of DISTRICT COURT, PALAKKAD CRIME NO.53/04 OF AGALI EXCISE RANGE PETITIONER ------------------------------ BABY, S/O.MATHEW, THOTTUVASAM, VAYALUR, SHOLAYAR, MANNARKKAD. BY ADV. SRI.N.NAGARESH RESPONDENT(S): --------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, 2. EXCISE INSPECTOR, AGALI EXCISE RANGE AGALI. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7876 of 2008 ----------------------------------------- Dated this the 29th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, 1½ litre of arrack was seized from the compound of petitioner. Petitioner is first accused. 3. Learned counsel for petitioner submitted that petitioner has received summons from the Magistrate Court for appearance on 25.2.2009 and hence he will be appearing before the Court on that day. 4. On hearing both sides, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner shall surrender before the Magistrate Court concerned without any delay or appear before the Court on the date fixed for appearance. Petition is dismissed. K.HEMA, JUDGE vgs.