IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 4759 of 2009() ------------------------------------ CRIME NO. 293/2009 OF PAVARATTY POLICE STATION, THRISSUR DISTRICT PETITIONR/ACCUSED NO.2: --------------------------------------- MOHANDAS K.R., AGED 54 YEARS, S/O. RAGHAVAN, KANNAMPARAMBIL, MANALOOR, THRISSUR. BY ADV. SRI. RAJIT RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PAVARATTY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4759 of 2009 ------------------------------------ Dated this the 9th day of September, 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 accused No.2 in Crime No.293/2009 of Pavaratty Police Station. 2. The offence alleged against the petitioner is under Section 57 A of the Abkari Act. 3. The gist of the prosecution case is the following: The first accused is the licensee of Toddy Shop No. 41 Macheryppadi. The petitioner is the Manager of the Shop. A person who consumed toddy from the shop was found dead. A crime was registered. A search was conducted in the Toddy Shop and samples of toddy were taken. On analysis of the samples, it was found that the toddy was adulterated with diazepam, which is admittedly a noxious substance. 4. The first accused was arrested. The second accused apprehends arrest. Therefore, he has filed this application for Anticipatory Bail. B.A. No. 4759 of 2009 2 5. Taking into account the facts and circumstances of the case, I am not inclined to grant the discretionary relief in favour of the petitioner. 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 ln