IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3144 of 2009() ----------------------------- CRIME NO.232/2009 OF KUNNAMANGALAM POLICE STATION PETITIONER (S): ACCUSED --------------------------- GANESAN.V.P, S/O. CHERIYAKKAN, VELLARAM KUNNUMMEL, KARANTHUR.P.O, KOZHIKODE. BY ADV. SRI.V.G.ARUN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.3144 of 2009 -------------------------------- Dated this the 12th 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 in Crime No.232 of 2009 Kunnamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. On going through the case diary, I am not inclined to accept, prima facie, the contention raised by the petitioner that it is a case foisted against him. In the facts and circumstances of the case, the nature of the offence and other circumstances, I do not think that this is a fit case where the discretionary jurisdiction under Section 438 can be invoked by the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl