IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Bail Appl..No. 788 of 2009() ---------------------------- C.R.NO. 4/2009 of VAIKOM EXCISE RANGE, KOTTAYAM PETITIONES/ACCUSED NO.1,5 & 6:- ------------------------------------------ 1. RAJEEV, S/O.KUNJUKUNJU, VETTOOR HOUSE, KUDAVECHOOR.P.O,VAIKOM, KOTTAYAM DISTRICT. 2. P.R.PAVITHRAN, S/O.RAMANKUTTY, PAKKUVALLIL HOUSE,AMBIKA MARKET.P.O,VAIKOM, KOTTAYAM DISTRICT. 3. P.N.SASI, S/O.NARAYANAN,PAZHANILATHURA HOUSE, THALAYAZHAM,ULLALA.P.O,VAIKOM, KOTTAYAM DISTRICT. BY ADV. MR. NIREESH MATHEW RESPONDENT/COMPLAINANT:- -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR,VAIKOM EXCISE RANGE, KOTTAYAM DIST.REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== B.A. No. 788 of 2009 ========================== Dated this the 6th day of March, 2009. ORDER Petitioners who are accused Nos. 1, 5 and 6 in C.R. No. 4 of 2009 of Vaikom Excise Range, Kottayam originally registered for offences punishable under Sections 55(a) and 55(i) of the Abkari Act, seek anticipatory bail. Since the offence which survives after the order dated 03.03.2009 in Crl.M.C. No. 648 of 2009 by this Court is only one punishable under Section 56(b) of the Abkari Act which is a bailable offence, this Court cannot grant anticipatory bail under Section 438 Cr.P.C. This petition is accordingly closed without prejudice to the right of the petitioners to seek regular bail from the Abkari Officer or the Magistrate concerned. Dated this the 6th day of March, 2009. V. RAMKUMAR, JUDGE. rv