IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6929 of 2009() ----------------------------- CP NO.97/2009 OF JFCM-II HOSDURG .................... PETITIONER/ACCUSED -------------------------------------- NAGAMMA, AGED 55 YEARS, W/O. NARAYAN, MUKKALA HOUSE, MAIKKANAM DESOM, PANAYAL VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, (CRIME NO.39 OF 2007 OF HOSDURG EXCISE RANGE), NOW CP NO.97 OF 2009 OF JFCM II, HOSDURG, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6929 of 2009 --------------------------------------------- Dated this the 30th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure in C.P.No.97 of 2009 on the file of the court of the Judicial Magistrate of the First Class-II, Hosdurg. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that the petitioner was found in possession of 2.5 litres of arrack. 4. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 13.10.2009 and the case is numbered as C.P.No.97 of 2009 before the court of the Judicial Magistrate of the First Class-II, Hosdurg. 5. It is submitted by the learned counsel for the petitioner that no warrant was issued by the court for the arrest of the petitioner. If so, the apprehension of arrest voiced by the BA No.6929/2009 2 petitioner is not just and reasonable. Reserving the right of the petitioner to move for regular bail, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl