IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2318 of 2009() ----------------------------- CRIME NO.9/09 OF WADAKKANCHERY EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- AYYAPPAN,S/O.KOTHA, NATTAMKANDATH HOUSE KONDAYOOR DESOM, PALLUR VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE EXCISE INSPECTOR, WADAKKANCHERY. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2318 of 2009 -------------------------------- Dated this the 2nd day of June, 2009 ORDER 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.9 of 2009 of Wadakkanchery Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and 55(b) and (g) of the Abkari Act. 3. The prosecution case is that the petitioner and the first accused were found engaged in brewing arrack on 5.3.2009. The petitioner ran away from the spot on the arrival of the Excise Party. The first accused was arrested and he was produced before the court. Later, the first accused was released on bail. 4. According to the public prosecutor, the petitioner could not be arrested as he had absconded. In the facts and circumstances of the case, I do not think that this is a fit case to grant anticipatory bail. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl