IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 4568 of 2009() ----------------------------- CRIME NO.598/2009 OF VARKALA POLICE STATION PETITIONER/ACCUSED NO.1 ------------------------------------------- NANDAKUMAR @ REJUNATH,THKKEVILA HOUSE, MANDHARA,EDAVA.P.O. BY ADV. SRI.S.S.RAJESH RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4568 of 2009 --------------------------------------------- Dated this the 18th day of August, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.598 of 2009 of Varkala Police Station. 2. The offence alleged against the petitioner is under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 26.7.2009, the Sub Inspector of Police, Varkala found the accused/petitioner engaged in the sale of Indian made foreign liquor in Akshaya Beach Resort & Restaurant. On seeing the police, the petitioner ran away and therefore, he could not be arrested. 4. The learned counsel for the petitioner submitted that the petitioner has no connection with the running of the establishment and he is only a canvassing agent, who canvasses tourists to the resort. 5. On going through the case diary, prima-facie, it is seen that the petitioner is involved in the offence. BA No.4568/2009 2 6. Taking into account the facts and circumstances of the case and the allegations levelled against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl