IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4331 of 2009 C.R.NO.13 OF 2009 OF NENMARA EXCISE RANGE CRMP.2089/2009 of DISTRICT COURT, PALAKKAD PETITIONER/ACCUSED -------------------------------------- KRISHNAN, S/O. KARUNAN, AGED 49 YEARS, PEZHUMPARA, ALUVASSERRY, NENMARA, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, NENMARA EXCISE RANGE, PALAKKAD, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4331 OF 2009 ------------------------------------------------------ Dated this the 19th August, 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.13 of 2009 of Nenmara Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 400 ml of Indian made foreign liquor was seized from the petitioner. The petitioner filed an application for anticipatory bail before the learned Sessions Judge, which was dismissed as per Annexure A order dated 23.7.2009. 4. It is submitted by the learned Public Prosecutor that the petitioner was involved in similar offences earlier and he was convicted and sentenced. B.A. NO. 4331 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, the previous conviction and the allegations levelled against the petitioner, 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 ahz/