IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 Bail Appl..No. 2321 of 2009 C.R.NO.7 OF 2009 OF THRISSUR EXCISE RANGE PETITIONER: ACCUSED NO.3 -------------------- RAFEEQUE N.R., AGED 19 YEARS, S/O. ABOOBAKKER, NADUVILAPPATURAMATTU HOUSE, ANDATHODE, THRISSUR. BY ADV. SRI.RAJIT RESPONDENT: STATE: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2321 OF 2009 ------------------------------------------------------ Dated this the 25th 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 accused No.3 in C.R.No.7 of 2009 of the Thrissur Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 5.2.2009, it is seen that 825 litres of spirit was being transported. Though the excise party gave signal to stop the vehicle, it was not stopped and the persons in the vehicle tried to escape. Subsequently, the vehicle met with an accident and at that time, the excise party arrested accused Nos.1 and 2. The case of the prosecution is that the third accused entrusted the spirit to accused Nos.1 and 2. Learned counsel for the petitioner submitted that there is nothing to connect the petitioner with the offence. 4. I have perused the case diary. Prima facie, I am of the view that the submissions made by the learned counsel for the petitioner cannot be accepted. B.A. NO. 2321 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am not inclined to grant anticipatory bail to the petitioner. The petitioner is not entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/