IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Bail Appl..No. 3333 of 2009() -------------------------------------- CRIME NO. 176/2006 OF KARAMANA POLICE STATION ......................... PETITIONER/ACCUSED: ----------------------------------- A. HAJA, S/O. ABUBAKKAR, TC 20/1384, SALIM MANZIL, KUNJALUMOODU, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI. G. SUDHEER RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3333 of 2009 ------------------------------ Dated this the 5th day of 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 Crime No.176/2006 of Karamana Police Station. 2. The offences alleged against the petitioner are under Sections 3 and 7 of the Essential Commodities Act and Clause 5 (a) of the Kerala Rationing Order 1996. 3. The prosecution case is that on 25.08.2006, large quantity of ration articles like wheat and rice were seized from the godown in the possession of the petitioner. The petitioner could not be arrested till now, though the Crime was registered in 2006. It is submitted by the learned Public Prosecutor that the petitioner was making himself scarce. The petitioner disputes the same. Which of the statements is true, is not clear. The question is, whether Anticipatory Bail can be granted to the petitioner. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations B.A. No. 3333 of 2009 2 levelled against the petitioner, I am of the view that 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