IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 3482 of 2009() -------------------------------------- CRIME NO.17/2009 OF THAMARASSERY EXCISE RANGE, KOZHIKODE PETITIONER/ACCUSED: -------------------------------------- NIRMALA, W/O.BABU, AGED 34 YEARS, KARIMKALIKUNNU VEEDU, KEDAVOOR AMSOM, PALLIPPURAM DESOM, THACHAMPOYIL P.O., KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. EXCISE INSPECTOR, THAMARASSERY EXCISE RANGE, THAMARASSERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3482 of 2009 ------------------------------------ Dated this the 30th day of 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 the accused in Crime No.17/2009 of Thamarassery Excise Range, Kozhikode. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 9/06/2009, the petitioner was found transporting 2 litres of arrack. The police party did not arrest the petitioner as no woman constable was available. 4. In 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 discretionary relief under Section 438 of the Code of Criminal Procedure cannot be invoked by the petitioner against whom the allegations for illicit transporting of arrack is alleged. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm