IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3090 of 2009() ----------------------------- O.R.NO.8/2009 OF CHITTAR EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- USHA, AGED 38 YEARS, W/O.OCHIRA VIJAYAN, MURUPPEL HOUSE, KOCHUKOIKKAL, CHITTAR-SEETHATHODE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE EXCISE INSPECTOR, CHITTAR EXCISE RANGE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3090 OF 2009 ------------------------------------------------------ Dated this the 1st July, 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 O.R.NO.8 of 2009 of Chittar Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Abkari Act. 3. I have gone through the case diary. The excise party went to the house of the petitioner. At that time, it was found that the petitioner was carrying a can containing five litres of arrack and moving the same to another place of the same compound. The identity of the petitioner was established with reference to the documents. The petitioner could not be arrested as there was no woman police constable available. 5. 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 Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/