IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Bail Appl..No. 5578 of 2009() ----------------------------- CRIME NO.461/2009 OF KATTAKADA POLICE STATION PETITIONER (S): 2ND ACCUSED -------------------- SUVANATHAN, S/O. SUNDARAN NADAR, S.K. BHAVAN, ANTHIYOORKONAM, KOLLODE P.O., NEYYATTINKARA TALUK. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KATTAKKADA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5578 of 2009 --------------------------------------------- Dated this the 11th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.461 of 2009 of Kattakada Police Station. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 25.8.2009, a search was conducted in the house in possession of the accused persons. 100 litres of arrack, large quantity of wash and the utensils and implements for the distillation of arrack were found on such search. The petitioner apprehends arrest in respect of the crime. 4. The allegations levelled against the accused persons are grave in nature. Taking into account the facts and circumstances, I do not think that this is a fit case where anticipatory bail can be granted. 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 csl