IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2334 of 2009 CRIME NO.32 OF 2009 OF THE CHEEMENI POLICE STATION PETITIONER/ACCUSED -------------------------------------- KAMMADATH NARAYANAN @ KAINI NARAYANAN, KAMMADATH VALAPPIL HOUSE, NJANDADI, CHEEMENI, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHEEMENI POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2334 OF 2009 F ------------------------------------------------------ Dated this the 23rd May, 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. 32 of 2009 of the Cheemeni Police Station. 2. The offence alleged against the petitioner is under Sections 55(a) and (g) of the Abkari Act. 3. The prosecution case is that on getting reliable information that the petitioner was distilling arrack in a compound belonging to Sukumaran, the police party came to the spot. One person ran away from the spot. The witnesses have testified that the person who ran away is the petitioner. Learned counsel for the petitioner submitted that there is nothing to indicate, prima facie, that the petitioner is involved in the offence. On a perusal of the CD file, I do not agree with the submission made by the counsel for the petitioner. I do not B.A. NO. 2334 OF 2009 :: 2 :: think that this is a fit case where Section 438 can be invoked by the B petitioner. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/