IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 5731 of 2009 C.R.NO.52 OF 2009 OF CHADAYAMANGALAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SHAMSUDEEN,S/O.KUNJU MOHAMMAD, ALUMMOOTIL VEEDU,ATTUVASSERY MURI, KULAKKADA VILLAGE,KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5731 OF 2009 ------------------------------------------------------ Dated this the 17th day of November, 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 C.R. No.52 of 2009 of Chadayamangalam Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 21.9.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of four litres of Indian Made Foreign Liquor was seized. The petitioner apprehends arrest in C.R.No.52 of 2009. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the attendant B.A. NO. 5731 OF 2009 :: 2 :: circumstances, I am of the view that this is not a fit case where anticipatory bail can be granted to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/