IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5587 of 2009() ----------------------------------- CRIME NO.35/2009 OF VADAKARA EXCISE RANGE, KOZHIKODE PETITIONER/ACCUSED: -------------------------------------- GIREESH, S/O.KUMARAN, VALIYAMADATHIL VEEDU, THIKKODI P.O BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS/COMPLAINANT & STATE: -------------------------------------------------------------- 1. THE EXCISE INSPECTOR, VADAKARA EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5587 of 2009 ------------------------------------ Dated this the 6th day of October, 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.35/2009 of Vadakara Excise Range, Kozhikode. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 7/9/2009, the accused was found transporting 131.04 litres of Indian made foreign liquor in an Autorickshaw owned by him. There were 18 cardboard cases, in which several bottles of Indian made foreign liquor were kept. The petitioner could not be arrested as he ran away. The incident was at about 11.30 P.M. 4. 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 petitioner does not deserve the grant of the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm