IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 5298 of 2009() ----------------------------- CRIME NO.20/2009 OF KUMBLA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SHARMILA, AGED 26 YEARS, W/O.VISWANATHAN, R/AT NAVODAYA NAGER, NARASANNA COLONY, MEENJA VILLAGE, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH EXCISE INSPECTOR, KUMBLA RANGE, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5298 of 2009 --------------------------------------------- Dated this the 17th day of September, 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.20 of 2009 of Kumbla Excise Range, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. Heard the learned counsel for the petitioner, the learned Public Prosecutor and perused the case diary. 4. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations made against the petitioner, I do not think that the petitioner is entitled to get the discretionary relief of anticipatory bail under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl