IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5806 of 2009() ------------------------------------ CRIME NO.152/2009 OF ULIKKAL POLICE STATION, KANNUR PETITIONER/ACCUSED: -------------------------------------- ACHUTHAN,S/O.SANKUNNI, ENNAYIL HOUSE,ANAKUZHY, KOLITHATTU P.O.,KANNUR. BY ADV. SRI.CIBI THOMAS RESPONDENTS/COMPLAINANT/STATE: ---------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, ULIKKAL POLICE STATION. 2. STATE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5806 of 2009 ------------------------------------ Dated this the 13th day of October, 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 Crime No.152/2009 of Ulikkal Police Station, Kannur. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 23/9/2009, the petitioner was found in possession of 50 litres of wash. The petitioner could not be arrested as he ran away. 4. It is submitted by the learned counsel for the petitioner that the case was foisted against the petitioner on the ground that he was involved in certain agitations against the functioning of a quarry. According to the petitioner, the case was foisted at the instance of the person who runs the quarry. It is not proper to decide that question in this application for anticipatory bail and to arrive at a conclusion whether the case put forward by the petitioner is true. Prima B.A. No. 5806/ 2009 2 facie, there are materials to indicate that the petitioner is involved in the offence. 5. Taking into account the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm