IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 4559 of 2009() -------------------------------------- CRIME NO. 48/2009 OF ARALAM POLICE STATION, KANNUR .................... PETITIONER/ACCUSED: ----------------------------------- BENNY, S/O. JOSEPH, AGED 36 YEARS, NHAMATHOLIL HOUSE, VELIMANAM P.O., KANNUR DISTRICT. BY ADV. SRI. C.P. PEETHAMBARAN RESPONDENT: -------------------- STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, ARALAM POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. GIKKU JACOB PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------- B.A. No. 4559 of 2009 ----------------------------- Dated this the 18th day of August, 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.48/2009 of Aralam Police Station. 2. The offence alleged against the petitioner is under Section 55 (i) of the Abkari Act. 3. I have gone through the Case Diary. 4. The learned counsel for the petitioner submitted that the ingredients of the offence are not made out and there is nothing to indicate that the petitioner has either stored or sold Indian Made Foreign Liquor as alleged. On a consideration of the materials in the Case Diary, prima facie, I am not inclined to accept the contention of the petitioner. 5. In the facts and circumstances of the case, I am of the view, that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln