IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3953 of 2009() ----------------------------- CRIME NO.216/2009 OF NEDUMKANDAM POLICE STATION PETITIONER (S):ACCUSED --------------------------------------- MARIAPPAN,AGED 41 YEARS, S/O.KANNAN, PUTHUKADU COLONY, PAMBADUMPARA VILLAGE, PAMBADUMPARA KARA, IDUKKI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.216 OF 2009 OF NEDUMKANDAM POLICE STATION) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3953 of 2009 -------------------------------- Dated this the 22nd day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.216 of 2009 of Nedumkandam Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. Learned counsel for the petitioner submitted that the case is foisted against the petitioner. The petitioner had made a grievance that in the toddy shop in which one Churuli Rajan is employed, toddy mixed with arrack was being supplied. It is stated that on account of this, at the instance of Churuli Rajan, this case was registered. It is pointed out that the said Churuli Rajan is shown as one of the witnesses to the incident. The allegation against the petitioner is that on 20.6.2009, he was found engaged in sale of 1.750 litres of arrack. 4. I have perused the case diary. 5. Prima facie, it cannot be said that the case is foisted against the petitioner. Evidence has to be considered to arrive at any conclusion on the contentions raised by the petitioner. For the BA No.3953/2009 2 aforesaid reasons, I am of the view that anticipatory bail cannot be granted to the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl