IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 5003 of 2009() ----------------------------- CRIME NO.694/2009 OF KONNI POLICE STATION PETITIONER/ACCUSED -------------------------------------- JAGATHAMMA.K., W/O.RAGHAVAN, AGED 46 YEARS, KIZHAKKECHERUVIL, KONNITHAZHAM VILLAGE, ATHUMBUMKULAM P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.SHAJI JOSEPH RESPONDENT(S): COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONNI POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5003 of 2009 --------------------------------------------- Dated this the 8th day of September, 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.694 of 2009 of Konni Police Station. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The learned counsel for the petitioner submitted that there is no material to connect the petitioner with the offence. 4. I have gone through the case diary. 5. Prima facie, I am not inclined to accept the contention raised by the petitioner. On the basis of the materials available on record, it cannot be said that no case is made out against the petitioner. 6 I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl