IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2254 of 2009() ----------------------------- CRIME NO.22 OF 2009 OF AMARAVILA EXCISE RANGE PETITIONR/ACCUSED ------------------------------------- VIJAYAKUMARI,AGED 50 YEARS, MELEPUTHENVEETTIL, POORANNUR DESOM, CHENKAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2254 of 2009 --------------------------------- Dated this the 4th day of June, 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.22 of 2009 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The learned counsel for the petitioner submitted that even if all the allegations made against the petitioner are taken as correct, no offence under Section 55(i) of the Abkari Act is made out. 4. The learned public prosecutor made available the CD. The learned public prosecutor also submitted that the petitioner is involved in six other Abkari cases. 5. On going through the CD file, prima facie, I am not inclined to accept the contentions raised by the petitioner. In the facts and circumstances of the case, I do not think that the petitioner is entitled to invoke the discretionary remedy under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl