IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 4491 of 2009() ------------------------------------- CRIME NO.1186/2009 OF KOTTARAKKARA POLICE STATION, KOLLAM. PETITIONER/ACCUSED: ------------------------------------ VINOD V., VIKRAMAN ACHARY, VINOD BHAVAN, VAYAKKAL P.O., KOTTARAKKARA. BY ADV. SRI.R.ARUN RAJ RESPONDENT/COMPLAINANT: ----------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION,(CRIME NO.1186/2009) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4491 of 2009 ------------------------------------ Dated this the 10th 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 Crime No.1186/2009 of Kottarakkara Police Station. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 29/7/2009 at 10.30 P.M., the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 1 litre of Indian made foreign liquor was seized. 4. The learned counsel for the petitioner submitted that there are no materials to connect the petitioner with the offence. Prima facie, I am not inclined to agree with this submission. 5. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The B.A. No. 4491/2009 2 discretionary relief under Section 438 of the Code of Criminal Procedure cannot be extended in favour of the accused, who is alleged to have been committed an offence of this nature. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm