IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 3498 of 2009() ---------------------------------------- CRMP.1567/2009 of DISTRICT COURT, ALAPPUZHA CRIME NO.127/2009 OF RAMANKARY POLICE STATION. ................ PETITIONER/ACCUSED: -------------------------------------- SOMAN, S/O.VELAYUDHAN, AGED 63 YEARS, PULIYINIKKAD THEKKEPARAMBIL, WARD NO.3, VELIYANAD GRAMA PANCHAYATH, ALAPPUZHA DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3498 of 2009 ------------------------------------ Dated this the 30th day of June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.127/2009 of Ramankary Police Station, Alappuzha. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 30/5/2009, the petitioner was found transporting 6 litres of arrack. On seeing police party, the accused abandoned the arrack, ran away and escaped by jumping into water. The petitioner could not be arrested. 4. In the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application fails and is accordingly dismissed . K.T. SANKARAN, JUDGE scm