IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2808 of 2009 CRIME NO.154 OF 2008 OF ARTHUNKAL POLICE STATION,CHERTHALA CRLMP.2917/2008 OF THE SESSIONS COURT, ALAPPUZHA PETITIONER: ACCUSED: -------------------- AJI, AGED 27 YEARS, S/O. SUKUMARAN, NAMBISSERRIL HOUSE, CHERTHALA SOUTH PANCHAYATH, WARD NO. 19,. CHERTHALA ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, ARTHUNKAL POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KRALA, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2808 OF 2009 ------------------------------------------------------ Dated this the 1st June, 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.154 of 2008 of Arthunkal Police Station. 2. The offence alleged against the petitioner is under Sections 55 (a) and (i) of the Abkari Act. 3. The petitioner moved an application for anticipatory bail before the Sessions Court, Alappuzha, which was dismissed. The petitioner filed a second application before the Sessions Court as Crl.M.P.No.2917 of 2008, which was also dismissed on 13.10.2008. 4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/