IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 Bail Appl..No. 2346 of 2008(A) ----------------------------- CRIME NO. 33/07 OF OTTAPALAM EXCISE RANGE. CRMP.3617/2007 of II ADDL. DISTRICT COURT, PALAKKAD .................... APPLICANT: ACCUSED ------------------------ K. VIJAYA, W/O.CHANDRAN KALARITHODI VEEDU, THOTTAKKARA POST OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR OTTAPPALAM EXCISE RANGE. BY PUBLIC PROSECUTOR SRI. C.K. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 2346 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of April, 2008. O R D E R This application is filed to grant anticipatory bail under Section 438 of Cr.P.C. for an offence alleged to be committed under Section 55(a) of the Abkari Act. The learned Sessions Judge on perusal of the records found no ground to grant and therefore refused the bail. 2. Section 438 Cr.P.C. can be invoked only under extraordinary jurisdiction where an innocent man is attempted to be put behind the bars. Here, the allegation is that 20 litres of illicit arrack has been seized from the house of the petitioner which is against law as well as society. So I decline to grant bail under Section 438 Cr.P.C. Therefore this Bail Application is dismissed. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy] P.A. to Judge.