IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Bail Appl..No. 2381 of 2009() ----------------------------- CRIME NO.554/2008 OF WADAKKANCHERY POLICE STATION .................... APPLICANT (S): ACCUSED -------------------- SULFIKAR,AGED 21,S/O.(LATE)NOUSHAD, AMBALATH HOUSE,WADAKKANCHERY. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA REP.BY SUB-INSPECTOR OF POLICE,WADAKKANCHERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.2381 of 2009 -------------------------------- Dated this the 9th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.554 of 2008 of Wadakkanchery Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that a quantity of 525 litres of spirit was transported by the petitioner in a Maruti car and under the pretext of some repair to be made to the car, it was parked in the premises of Taj Palace Auditorium with the help of one Shamsudheen, who was an erstwhile employee in Taj Palace Auditorium. 4. In the nature of the allegations made against the petitioner, I do not think that this is a fit case for granting the discretionary relief under Section 438 of the Crl.P.C. The Bail Application is devoid of merit and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl