IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 Bail Appl..No. 3346 of 2009 CRIME NO.66 OF 2009 OF RAMANKARY POLICE STATION PETITIONER: ACCUSED NO.I ------------------------------ OMANA,AGED 46,W/O.MOHANAN, MANNAMPARAMBIL HOUSE,WARD NO.9, MUTTAR P.O.,ALAPPUZHA. BY ADV. SRI.SUBAL J.PAUL RESPONDENT: COMPLAINANT/STATE: --------------- STATE OF KERALA, (REP.BY S.I.OF POLICE,RAMANKARY POLICE STATION) (REP.BY STATE PROSECUTOR,HIGH COURT OF KERALA) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3346 OF 2009 E ------------------------------------------------------ Dated this the 22nd June, 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 accused No.1 in Crime No.66 of 2009 of Ramankary Police Station. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) and 55(a) of the Abkari Act. 3. The prosecution case is that on 8.3.2009, the petitioner was found engaging in the sale of illicit arrack. On finding police, the accused escaped in a country boat and she could not be arrested. Learned counsel for the petitioner submitted that the petitioner is a Mahila Pradhan agent and a social worker and the case is foisted against the petitioner. The CD file discloses that witnesses have spoken about the activities of the petitioner in the matter of sale of arrack. B.A. NO. 3346 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am not inclined to allow the application for anticipatory bail. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/