IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Bail Appl..No. 7421 of 2009() --------------------------------------- CMA.3591/2009 of DISTRICT COURT, PALAKKAD C.R. NO.5/2006 OF KOLLENGODE EXCISE RANGE, PALAKKAD. .................... PETITOINER/ ACCUSED: ------------------------------------- JYOTHIMANI, AGED 36 YEARS, S/O.KANNAN, MONDIPATHY COLONY, GOVINDAPURAM, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, KOLLENGODE EXCISE RANGE, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7421 of 2009 ------------------------------------ Dated this the 18th day of January, 2010 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.5/2006 of Kollengode Excise Range, Palakkad. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 16/01/2006, the petitioner was found in possession of 10 litres of arrack. The Excise Party, on getting information, had gone to the house of the petitioner. They found 10 litres of arrack behind the lavatory of the petitioner's house. On seeing the Excise Party, the petitioner ran away and therefore, he could not be arrested. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where B.A. No. 7421 /2009 2 anticipatory bail can be granted to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm