IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 3930 of 2009 CRIME NO.236 OF 2009 OF VELLIKULANGARA POLICE STATION PETITIONER: 2ND ACCUSED: -------------------- SANDEEP.M.S, S/O.SASI, MANGADAN HOUSE, CHAYPANKUZHI, CHALAKUDI PO, BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VELLIKUNGALARA BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3930 OF 2009 ------------------------------------------------------ Dated this the 13th August, 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 second accused in Crime No.236 of 2009 of Vellikulangara Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) and 8(1) and (2) of the Abkari Act and Section 3 read with Section 25(1)(a) of the Arms Act. 3. The prosecution case is that on 30.5.2009, the police party got information about illegal sale of arrack. They found two persons engaged in the illegal acts. On seeing the police, one person ran away. The first accused was arrested on the spot. The case of the police is that the person who ran away is the second accused. The police recovered some lead pieces and cartridges, which are being used for country gun, from the possession of the accused. The First Information Report also indicates the presence of the second accused. B.A. NO. 3930 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, I am of the view that the petitioner is not entitled to invoke the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/