IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3529 of 2009() ------------------------------------------ CRIME NO.436/2005 OF CHITTOOR POLICE STATION. PETITIONERS/ACCUSED: --------------------------------------- BHAGYANATHAN, S/O.RAVI, H.NO.17/51, SWAMYPURATH (H), ERAVAM KARA, KUNNAM (P.O), THAZHAKKARA VILLAGE, MAVELIKKARA. BY ADV. SMT.M.MADHUBEN RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, CHITTOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3529 of 2009 ------------------------------------ Dated this the 1st day of July, 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 first accused in Crime No.436/2005 of Chittoor Police Station, Palakkad. 2. The offence alleged against the petitioner and the second accused is under Section 55(a) of the Abkari Act. 3. The allegation is that on 25/11/2005, the accused persons transported 770 litres of spirit. The learned Public Prosecutor submitted that the second accused was arrested in 2007 and the petitioner is not arrested so far. The learned Public Prosecutor also submitted that charge was laid on 21/02/2009. As charge was already laid, there is no reason for apprehending that the petitioner will be arrested by the investigating officer on an accusation of having committed non bailable offence. The petitioner can very well move the trial court for bail. Reserving the liberty of the petitioner to move for regular bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm