IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2403 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.597/2009 CRIME NO.2/08 OF EXCISE RANGE, CHANGANASSERY PETITIONER/ACCUSED -------------------------------------- HARIKUTTAN P.T.,S/O.THAMBI,AGED 29 YEARS GOLDSMITH,PERINGERI KRISHNA BHAVANAM,CHAMBAKKARA P.O. KARUKACHAL DESOM,KARUKACHAL VILLAGE, CHENASSRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HONORABLE HIGH COURT OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE, CHANGANASSERY. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2403 of 2009 ----------------------------------------- Dated this the 4th 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 accused No.2 in Crime No.2/08 of Excise Range, Changanassery. 2. The offence alleged against the petitioner is under Section 58 of the Abkari Act. Brother-in-law of the petitioner is the first accused. 3. The petitioner filed B.A.No.597/08 before this Court seeking anticipatory bail. In that application, as per order dated 1.2.2008, this Court found that the petitioner is not entitled to get anticipatory bail, on a consideration of the facts and circumstances of the case. It was also held that the petitioner shall surrender before the investigating officer or before the learned Magistrate having jurisdiction. The petitioner did not do so. On the other hand, he has filed a BA.2403/09 2 second application for anticipatory bail on the same allegations. There is no ground to entertain the bail application. The petitioner is not entitled to the relief. Accordingly, the bail application is dismissed. K.T.SANKARAN, JUDGE vgs.