IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 Bail Appl.No. 2301 of 2010 ------------------------------ (CRIME NO.12 OF 2010 OF EXCISE RANGE, HOSDURG, KASARGOD DISTRICT) PETITIONER/ACCUSED NO.1: -------------------------------- T.V.PAVITHRAN,AGED 39 YEARS, S/O.RAGHAVAN.K,RESIDING AT ADOT HOUSE, AJANAUR VILLAGE, AJANUR PO, (VIA)ANANDASHRAM, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS(S): COMPLAINANT ------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE RANGE INSPECTOR(CRIME NO.12 OF 2010 OF EXCISE RANGE, HOSDURG),HOSDURG, KASARAGOD, BY PUBLIC PROSECUTOR SRI.P.A.SALIM. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ----------------------------------------- Bail Application No. 2301 of 2010 ----------------------------------------- Dated this the 20th day of April, 2010 O R D E R Seeking anticipatory bail, the first accused in Crime No.12 of 2010 of Excise Range, Hosdurg has now approached this Court. 2. The allegation in the above crime is that the Assistant Excise Inspector of the Hosdurg Excise Range and his party had taken samples from the toddy shop bearing No.TS 40/09-10 on 18.8.2009 at about 12.40 hours and on analysis of the said samples, it is found that the same contained 9.96% of ethyl alcohol. The petitioner herein is arrayed as first accused, who is the salesman of the toddy shop. 2. Having regard to the facts and circumstances involved in the case and the nature of the offence alleged, I am of the view that it is not Bail A.No. 2301 of 2010 -:2:- proper to grant pre-arrest bail to the petitioner, who is the first accused. Therefore, there is no merit in the petition and accordingly, the same is dismissed. V.K.MOHANAN, JUDGE MBS/