IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Bail Appl..No. 3366 of 2009() ----------------------------- CRIME NO.831/09 OF HILL PALACE POLICE STATION PETITIONER (S): ACCUSED NO.2 ---------------------------------------------- SAJU P.S., AGED 26, S/O. SADANANDAN, PATHIRAPPILLY HOUSE, MARADU. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE OF KERALA, REP. BY THE S.I OF POLICE, HILL PALACE POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.3366 of 2009 ---------------------------------- Dated this the 24th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused No.2 in Crime No.831 of 2009 of Hill Palace Police Station. 2. The offences alleged against the petitioner are under Sections 55(a), (b), (g) & (i) and Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 3.6.2009, the accused persons were found brewing illicit arrack in a shed attached to the house of the first accused. Three litres of arrack and 150 litres of wash were seized. The accused persons including the petitioner (second accused) ran away. The first accused was arrested on 4.6.2009. 4. The learned counsel for the petitioner submitted that there is nothing on record to indicate that the second accused is involved in the offence. 5. I have perused the case diary. 6. Prima facie, I am not inclined to accept the contentions forwarded by the learned counsel for the petitioner. Taking into BA No.3366/2009 2 account the facts and circumstances of the case and the nature and gravity of the offence, I am not inclined to grant the discretionary relief of anticipatory bail in favour of the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl